Burden of Proof in Constructive Dismissal
Burden of proof is the standard required in proving a case.
In cases of constructive dismissal, the burden of proof is on the employer to show that the employee was dismissed for a valid and a just cause. (Suldao vs. Cimech System Construction, Inc., G.R. No. 171392, October 30, 2006.)
This means that if the employee claims he was constructively dismissed from service and sues the employer, it is the employer who must prove that the employee was not dismissed from service or if it would appear so, that the treatment was based on just cause.
However, it is the employee who needs to prove the facts surrounding the alleged constructive dismissal.
This is so because the rules require the employee to prove the facts of dismissal prior to shifting the burden of proving the validity to the employer.
In Exodus International Construction Corporation vs. Biscocho, the Court pronounced that “[i]n illegal dismissal cases, it is incumbent upon the employees to first establish the fact of their dismiss before the burden is shifted to the employer to prove that the dismissal was legal.” (659 Phil. 142, 146 (2011).)
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Further, the SC held that it is not unmindful of the rule that in cases of illegal dismissal, the employer bears the burden of proof to prove that the termination was for a valid or authorized cause.” But before the employer must bear the burden of proving that the dismissal was legal, the employee must first establish by substantial evidence” that indeed there was dismissal. If there is no dismissal, then there can be no question as to the legality or illegality thereof. [Dee Jay’s Inn and Café vs. Raneses, G.R. No. 191825, October 05, 2016]
Also, in Brown Madonna Press, Inc. vs. Casas, (G.R. No. 200898, June 15, 2015.) that “[i]n illegal dismissal cases, the employer has the burden of proving that the employee’s dismissal was legal. However, to discharge this burden, the employee must first prove, by substantial evidence, that he had been dismissed from employment.”
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Read more on procedural due process discussion by Atty. Elvin:
Read more on procedural due process by Atty. Villanueva:
Twin Requirements of Notice and Hearing
Procedural Due Process for Other Types of Employment
Notice to Explain: Contents and Requirements
In one case, the SC held that it was grave error on the part of the NLRC to rely on the allegation that the employer threatened and forced the employee to resign. Other than being unsubstantiated and self-serving, the allegation does not suffice to support the finding of force, intimidation, and ultimately constructive. (See Hechanova Bugay Vilchez Lawyers, Hechanova & Co., Inc. vs. Atty. Matorre, G.R. No. 198261, October 16, 2013 citing Vicente vs. Court of Appeals (Former 17th Div.), 557 Phil. 777 (2007).)
Further, it was ruled that bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence.
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