CEBU CITY—Vice Mayor John Jonah Ungab of Ronda town can heave a sigh of relief—for now.
The Cebu City Prosecutor’s Office dismissed for lack of evidence a sexual harassment complaint filed by his student, Claire (not her real name).
“It is elementary in law that he who alleges must prove his case. Bare assertion are not evidence at all,” Prosecutor Ma. Theresa Casiño said in ruling that there was not enough proof to indict Ungab, a lawyer and law professor of Southwestern University (SWU) College of Law since 2002.
She took into account SWU records, which showed that Ungab submitted Claire’s grades on March 4, 2013, or two days before the alleged sexual harassment took place. Claire was a graduating law student then.
“This, to our mind, effectively diminishes her (Claire) assertion that she was forced to give in to the respondent’s sexual enticement,” Casiño explained.
Her decision was approved by acting City Prosecutor Ma. Luisa Ratilla.
Claire claimed that on March 6, 2014, Ungab forced her to have sex with him so he would release his grades. She later gave birth to a boy, claiming that the vice mayor is the father.
Leilani Villarino, Ungab’s lawyer, said they had yet to receive a copy of the ruling.
“I have yet to talk to him. He’s in Ormoc and I’m busy with meeting for the IBP (Integrated Bar of the Philippines) national convention. I guess, that resolution speaks for itself,” Villarino said.
In a Facebook message to Inquirer on Sunday, Claire said she was dismayed by the decision. “There is nothing else I can do. John is an influential man. And that’s the truth,” she said in Cebuano.
Claire, however, admitted that she had talked with Ungab. “We will talk again. Maybe, everything will be OK,” she said.
Retired Judge Olegario Sarmiento, who assisted the complainant in filing the case, said Ungab had called her to settle the issues between them.
“I just informed her that a motion for reconsideration has to be made 10 days from notice. But if they decide to settle the issues, then that’s the end of the story,” Sarmiento said.
In her affidavit, Claire, a native of Leyte, said she requested Ungab to submit her grades in their legal forms class in November 2012. Two months after, Ungab’s associate, lawyer Rey Gealon, allegedly advised her to visit their law office so they could talk about it.
“I never lose hope that Attorney John will submit his assignments (grades) in the department,” Claire said.
In February 2013, she said Ungab called her by phone and instructed her to go to the law office.
“During that moment, I noticed the tempting stare of Attorney Ungab while discussing to me the assignments in his class,” she said.
Claire said Ungab told her to submit the assigned tasks within four days. Since she was busy at that time, she requested that Ungab extend the deadline. Ungab allegedly agreed but asked her to have coffee together.
On March 6, 2014, Claire said Ungab called and told her that he had booked a room at Crown Regency Hotel in uptown Cebu City. “He added: ‘Let’s meet there. Let’s not have coffee outside because someone might see us,” she said.
Claire said Ungab instructed her to text him once she’s inside the room. “I entered the room and after a couple of minutes he entered,” she said.