REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
MANDALUYONG CITY
SUSAN RADOC,
Complainant.
- versus - POEA CASE NO. DAW 06-02-0149
For: Disciplinary Action
Hearing Officer Atty. Tabuzo
JUNMARIE [Link],
Respondent.
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ANSWER
RESPONDENT, JUNMARIE [Link] through counsel, and unto this
Honorable office, respectfully states:
ADMISSIONS AND DENIALS
1. Respondent admits the following statements of complainant as
indicated in her complaint dated February 7, 2006 filed before this Honorable
Office : (a.) that she is the legal wife of the respondent (b) that they got married
on January 22, 1999 and (c) that she gave birth to their daughter, Shekainah Yari
Dawh Radoc
2. Respondent specifically denies the rest of the allegations stated in
her complaint for being false, baseless, inaccurate, misleading and/or not
statements of ultimate facts but mere conjectures and gratuitous conclusions
devoid of factual and legal bases, the truth being those alleged in the special
and affirmative defenses hereinafter set forth.
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SPECIAL AND AFFIRMATIVE DEFENSES
3. Respondent repleads by reference the foregoing allegations and
incorporates the same herein.
4. There is no truth to complainants allegation that respondent
indicated in the Seafarer Information Sheet dated June 11, 2003 attached to the
complaint that he is single. The fact remains that it was not the respondent who
prepared said Seafarer Information Sheet and later filed it at the POEA but it was
prepared by the manning agency. Nowhere in said document can one find
respondents signature. It is possible that due to typographical error, he was
identified as single rather than married by the representative of the manning
agency who prepared said document. Due to the fact that a third person
prepared said document, respondent cannot be held liable if an error occurred
in the preparation of said information sheet, if ever.
5. In contrast, he identified himself as MARRIED in the allotment
slips which were signed by the respondent. Copies of the Allotment Slips are
attached hereto and made integral parts hereof as Annexes A and B,
respectively. Therefore, there is no truth to the allegations that respondent
concealed the fact that he was married to herein complainant.
6. Moreover, the Seafarer Information Sheet indicated that he was
hired as junior seaman for the vessel SPLENDOUR OF THE SEA. However, he
was actually hired for the vessel RADIANCE OF THE SEAS wherein he was on
board from September 7, 2002 until April 5, 2003. A copy of pertinent portion of
respondents Seafarers Identification and Record Book is attached hereto and
made an integral part hereof as Annex C. Said seafarer information sheet did
not reflect accurate facts on the employment of the respondent with the manning
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agency since it contained information that are not consistent with the evidence
given herein by complainant. It is possible that there was another Seafarer
Information Sheet that was prepared and filed by the manning agency in order
to address the aforesaid discrepancies. What complainant might have furnished
this Honorable Office could have been the earlier version, to which respondent
should not be faulted for containing said errors.
7. Complainant failed to adduce clear and convincing evidence to
support her claim that respondent contracted a second marriage. A perusal of
her complaint will clearly reveal that what she has are only self-serving and
uncorroborated declarations and allegations which utterly fail the substantiality of
evidence testa basic requirement in administrative adjudication. In the absence
of clear and convincing evidence, complainants accusations are nothing but
empty words not worthy of consideration by this Honorable Office.
8. The Complaint in this case is bereft of any factual and legal basis
and reveals itself as wanting in any cause of action.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Office to dismiss the instant complaint for utter lack of merit.
Respondent prays for such other reliefs just and equitable under the
premises.
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Makati City for Mandaluyong City, March 29, 2006.
SAPALO & VELEZ
Counsel for Respondent
11th Floor, Security Bank Centre
6776 Ayala Avenue
Makati City
By:
DENNIS R. GORECHO
PTR NO. 4195983E-Makati-Jan. 11, 2006
IBP NO. 671075-PPLM-Jan. 11, 2006
ROLL NO.44352
Copy Furnished:
Susan C. Radoc
Jagnaya, Jamindan
5808 Capiz
