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Republic of the Philippines)

______________________) S S


I, PRECIOUS SALAZAR LANDICHO, of legal age, single and a resident of Brgy.

Panhulan, Agoncillo, Batangas. After having been sworn to in accordance with law do

hereby depose and state;

1. That I am currently employed as Junior Auditor of Bloombery Resorts and

Casino, Brgy. Tambo, Aseana I, Parañaque City. Accordingly, on August 15, 2019 three

(3) security personnel of Bloombery Resorts and Casino came to our office and invited

me to go to their station without explaining to me the reason for that invitation. Upon

reaching their office, one of the security specialist told me that Ms. Marina Tugano, Asst.

Manager and Ms. Aleli Ade, Supervisor, are complaining against me together with my

officemate Ms. Katherine Matamorosa for allegedly spitting on the Hamburger served to

Ms. Tugano and Ms. Ade sometime in November 2018. Their complaint sprung on the

basis on the statement of Ms. Karen Ann Pascual another co-employee.

2. That upon my recollection, sometime in the last quarter of 2018, one of my

officemates named Ms. Lovely Rose Bucsit treated some Hamburgers and Spaghetti from

Jolibee in our office. And while I was eating my food, I heard a jest about “spitting on the

food”. Nevertheless, I never saw somebody spitting on someone’s food because I

understand that it was a jest not anything to mean very serious.

3. That on September 06, 2019, I received a notice to explain and directing me to

explain in writing within five (5) days from receipt of such document for committing acts

constituting misconduct for spitting on the hamburger and spaghetti of Ms. Tugano and

Ms. Ade.
4. That I vehemently deny such unsupported, uncorroborated and false

accusations against me. The act of spitting alone is uncustomary, unimaginable and

beyond the accepted norms in our community as Filipinos, much more when spitting is

done to someone’s food. Furthermore, I was raised and grew up by a well-mannered and

prominent family in Batangas. Neither would I do such very disgusting act nor even to

think about it. No person in their right mind would do such abhorrent act despite any

feeling of disappointment or hatred against somebody. Much less to me that I do not have

any reason for doing such horrible actions against anyone. I am a known cordial person

in our community in Agoncillo, Batangas and this can be proven by a certificate issued by

their Barangay Chairman. (Please see attached document for reference)

5. That in any administrative proceeding, the complainant carries the burden of

proving the allegations of substantial evidence or such relevant evidence that a

reasonable mind will accept as a conclusion, which the complainant in this case failed to

establish as a fact. The complaint is anchored merely on a statement that the hamburger

was spitted with saliva, however, this statement was not supported with other

corroborating evidence that would prove it as fact. Accordingly, the incident allegedly

transpired sometime on November 2018. This alone casts doubt on the real intention of

Ms. Karen Ann Pascual for reporting the alleged misconduct with unreasonable delay

despite multitudinous opportunity to report the same. A righteous, prudent and unwicked

person would not hesitate to immediately report such misconduct to authorities had such

act of misconduct was true or if not driven by ill motive from the person who has

opportunity to report the same. This notable and unreasonable delay in reporting creates

more questions on the intention of Ms. Pascual rather than answers.

6. That settled is the rule that in cases concerning employer-employee

relationship, the quantum of proof necessary to prove a guilt is substantial evidence.

Substantial evidence is defined as such amount of relevant evidence which a reasonable

mind might accept as adequate to support a conclusion. It is more than a scintilla of

evidence. The standard of substantial evidence is satisfied when there is a reasonable

ground to believe, based on the evidence submitted, that the respondent is responsible
for the misconduct complained of. (Primo C. Miro vs. Marilyn Mendoza, GR No.

172544-45, November 20, 2019)

7. From the foregoing circumstances alone, it would be very difficult to fathom and

more so to establish the fact that the complaint had satisfied the required quantum of

evidence necessary to hold me accountable of misconduct.

8. That I am executing this affidavit as an explanation to the notice issued against

me last September 06, 2019 and to attest to the truthfulness of the foregoing

circumstances to support my interest.

IN WITNESS WHEREOF, I have hereunto set my hand this___day of __________, 2019

at ________________, Philippines.



SUBSCRIBED AND SWORN to before me this ____day of ______________, 2019 here

at _______________________, Philippines.

Doc. No. ________;
Page No.________;
Book No.________;
Series of 2019