Republic of The Philippines

Department of Energy
OFFICE OF THE SECRETARY
Energy Center, Rizal Drive
Bonifacio Global City, Taguig City

IN THE MATTER OF VIOLATION OF

DOE LAWS, RULES AND REGULATIONS

OLS Case No.: 2018-RO-0305

Docketed: 5-23-18

A.L. LOZANO STORE(Retail Outlet) and/or

ARLAN LOZANO, Owner/Operator
Respondent.
x--------------------------------------------x

MOTION FOR RECONSIDERATION

Respondent, by counsel, unto the Honorable Secretary Alfonso Cusi, most
respectfully submits this Motion For Reconsideration to the Decision which was
received on June 30, 2018 and in support thereof respectfully states that:

The Honorable Secretary committed palpable error in imposing an

administrative fine amounting to Sixty Thousand Pesos (P60,000.00) for illegal
trading, for engaging in an LPG industry activity without a valid SCC.

On July 28, 2017 DOE Inspectors Manduriao and Aloba conducted their
inspection upon respondent’s store. They found that respondent does not maintain a
weighing scale, failed to install and maintain a price display board and failed to
secure an SCC. The respondent, who did not know that an SCC is required to operate
an LPG business, asked for a remedy from these inspectors, who advised him to
simply secure an SCC with the DOE and maintain a weighing scale and a price
display board.
 Respondent immediately corrected his mistakes based on the report by
maintaining a weighing scale, installing a price display board and securing an SCC-
proof of which are hereby attached as Annexes “A”, “B” and “C” hereof.

Respondent who is not versed in the English language, did not read the Show-
Cause Order stated on the back page of the report. Moreover, he gave greater faith
in the recommendations of the inspectors that he simply secure an SCC and maintain
a weighing scale and a price display board.

Admittedly, the imposition of this fine will destroy respondent’s business,

which only gets by selling at most three (3) LPGs a day. Even the City Hall of
Legazpi is not aware of the SCC requirement when respondent was applying for a
business permit.

PRAYER
Wherefore, Respondent prays that the Honorable Secretary reconsider its
Decision by deleting the imposition of a Sixty Thousand Pesos (P60,000.00)
administrative fine.

Such other reliefs and remedies as this Honorable Court/Office may deem just
and equitable under the foregoing circumstances are likewise prayed for.

Legazpi City for Taguig City, Philippines, July __, 2018.

VCBOSE LAW FIRM

Counsel for Respondent

Rm. 15, 2nd Flr. V&O Co Bldg.
Lapu- Lapu & Quezon Sts. 4500
Legazpi City
By:
 NOEL ALLEN R. BOSE
PTR No. 9041856 – 1/18/2018- Legazpi City
IBP No. 0240324 - 1/4/2018 - Albay
Roll No. 69593
Pending MCLE Compliance
Admitted to Bar on June 1, 2017

VERIFICATION

I, ARLAN L. LOZANO, of legal age, Filipino, and with postal address at 622
Purok 9, Barangay 1, EM’s Barrio, Legazpi City, under oath, hereby depose and state
that:

1. I am the respondent in the above-entitled case; and,

2. I have caused the preparation of, and have read the foregoing
Motion for Reconsideration and confirm that the factual allegations
therein are true and correct of my own personal knowledge and/or
verifiable information or authentic records.

IN WITNESS WHEREOF, I have hereunto set my hands this ___th day of

July, 2018 in Legazpi City.

ARLAN L. LOZANO

SUBSCRIBED AND SWORN to before me in Legazpi City this __th day of

July 2018 after affiant exhibited his _________________________ as competent
proof of his true identity.

Notary Public

Doc. No. _____;

Page No. _____;
Book No._____;
Series of 2018.