This case has been cited 1 times or more.
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2007-06-26 |
AUSTRIA-MARTINEZ, J. |
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| Notably, the LA also made a separate award of leave pay in the amount of US$2,119.33 based on respondent's allegation in his complaint that his leave pay had been illegally withheld for the entire time he served on the vessel. Petitioner failed to refute such allegation and had not presented any evidence to prove otherwise. The burden of proving that payment has been made rests upon petitioner as respondent's employer. The ruling of the Court in Seaborne Carriers Corporation v. National Labor Relations Commission,[31] to wit:The private respondent's allegation of non-payment of these benefits, to which he is by law entitled, is a negative allegation which need not be supported by evidence unless it is an essential part of the cause of action. It must be noted that the main cause of action of the private respondent is his illegal dismissal, and the claim for the monetary benefits is but an incident of the protest against such dismissal. Thus, the burden of proving that payment of said benefits has been made rests upon the party who will suffer if no evidence at all is presented by either party, that is, the petitioners as private respondent's employer.[32] | |||||