burden of proof Archives - LVS Rich Publishing

07 Dec

Verbal Dismissal and its Probative Weight in Labor Cases

An employer may be sued before the National Labor Relations Commission (NLRC) for illegal dismissal involving claims of verbal dismissal. How will the labor court appreciate the allegation of verbal dismissal? In the case of Nuda vs. LGTM Corporation, Inc. (G.R. No. 245835, March 22, 2023), the Supreme Court held that before there can be a finding of illegal dismissal, the fact of dismissal must first be proved by the employee. Indeed, in illegal dismissal cases, the burden of proof is [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, labor, Labor Code, labor law, nlrc, presumption 0 Comments Read more...

05 Oct

It is Highly Improbable to Render Work for Five Employers in a Span of One Week

This is a case involving the complainant’s claim of existence of employer-employee relationship. Facts: Anselmo Bulanon alleged that he was hired as a Welder/Fabricator in the furniture business of respondent Eric Ng Mendoza (Eric). Eric owns various furniture businesses namely, Mendco Development Corporation (Mendco ), Pinnacle Casting Corporation (Pinnacle), Mastercraft Phil. Inc. (Mastercraft), and Jacquer International (Jaquer). The case arose when Bulanon initially filed a Complaint against respondents Eric, Mendco, Pinnacle, Mastercraft, and Jacquer (respondents collectively), before the Department of Labor and [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, employer-employee relationship, labor, labor case, Labor Code, labor law 0 Comments Read more...

09 Oct

Burden of Proving the Fact of Dismissal in Illegal Dismissal Cases

It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid or authorized cause. (Atienza vs. Saluta, G.R. No. 233413, June 17, 2019.) However, there are cases wherein the facts and the evidence do not establish prima facie that the employee was dismissed from employment. Before the employer is obliged to prove that the dismissal was legal, the employee must first establish by substantial evidence the fact of his [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, labor, labor case, Labor Code, labor law, termination 0 Comments Read more...

26 Jun

Use of Criteria in Termination due to Redundancy and the LIFO Method

In several instances, the Court has held that it is important for a company to have fair and reasonable criteria in implementing its redundancy program, such as but not limited to, (a) preferred status, (b) efficiency and (c) seniority. CBA may dictate the rules to be followed in case of redundancy. Parties may stipulate that LIFO rule shall apply in case of termination in the line of work. However, where two positions are involved, last in first out rule may yield [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, labor, Labor Code, labor law, last in first out, lifo, Redundancy 0 Comments Read more...

18 Jun

Burden of Proof in Termination Due to Authorized Cause

The authorized causes under Article 298 are as follows: Installation of labor-saving devices; Redundancy; Retrenchment; and Closure or cessation of business operations of an establishment or an undertaking. It appears that the enumeration is exclusive. Meaning, there can be no other grounds that can be invoked other than those stated. This is so because the precursor of Article 298, Article 299, previously carried a comprehensive phrase “other similar causes” which was repeated twice in the old provision. While in the new provision as presently worded, [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, burden of proof, labor, Labor Code, labor law, substantive due process, termination 0 Comments Read more...

11 Apr

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 [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, dismissal, due process, Just Cause, labor case, Labor Code, labor law, nlrc 14 Comments Read more...

10 Feb

Burden of Proof in Employee Dismissal

Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid. An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that: “ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly [...]

By Atty Elvin Labor Law atty. elvin, burden, burden of proof, dismissal, employee, employer, Employer-employee, employment, Illegal dismissal, Just Cause, labor, Labor Code 17 Comments Read more...

20 Sep

Burden to Prove Existence of Employer-Employee Relationship Lies with the Claimant

To ascertain the existence of an employer-employee relationship, jurisprudence has invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct, or the so-called “control test.” This is highly relevant in a labor dispute involving a claim of illegal dismissal. Although no particular form of evidence is required to prove the existence of an employer-employee relationship, and [...]

By Atty Elvin Labor Law burden of proof, employer-employee relationship 11 Comments Read more...

02 Jul

Substantial Evidence is the Standard of Proof Required in Labor Cases

Substantial evidence is that amount of evidence which a reasonable mind might accept as adequate to justify a conclusion. Proving a labor case does not have to be beyond reasonable doubt. Proof that is substantial enough to support a position may be sufficient to establish a claim or defense. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 88-89). In evaluating evidence available in a dismissal case, must the guilt of an employee [...]

By Atty Elvin Labor Law burden of proof, Quantum of evidence, Substantial evidence 11 Comments Read more...

26 Apr

The Employer who Raises the Defense of Resignation against an Illegal Dismissal Complaint must prove that Resignation was Voluntary

Philippine Nautical Training College, (PNTC), is a private entity engaged in the business of providing maritime training and education. In 1988, PNTC employed Grande as Instructor for medical courses like Elementary First Aid and Medical Emergency. Grande became the Course Director of the Safety Department. PNTC was then principally engaged in providing maritime training for seafarers. In 2002, Grande was appointed Course Director for the Training Department of PNTC school. In November 2007, she resigned as she had to pursue graduate [...]

By Atty Elvin Labor Law burden of proof, Resignation 11 Comments Read more...

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