This case has been cited 4 times or more.
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2013-02-13 |
PEREZ, J. |
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| Well-settled is the rule that once the employee has set out with particularity in his complaint, position paper, affidavits and other documents the labor standard benefits he is entitled to, and which he alleged that the employer failed to pay him, it becomes the employer's burden to prove that it has paid these money claims. One who pleads payment has the burden of proving it, and even where the employees must allege non-payment, the general rule is that the burden rests on the employer to prove payment, rather than on the employees to prove non-payment.[11] The reason for the rule is that the pertinent personnel files, payrolls, records, remittances, and other similar documents which will show that overtime, differentials, service incentive leave, and other claims of the worker have been paid are not in the possession of the worker but in the custody and absolute control of the employer.[12] | |||||
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2009-10-02 |
PERALTA, J. |
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| Anent the awards for damages awarded by the CA, this Court finds that respondent is not entitled to moral and exemplary damages. Moral damages are recoverable where the dismissal of the employee was attended by bad faith or fraud or constituted an act oppressive to labor, or was done in a manner contrary to morals, good customs or public policy.[37] On the other hand, exemplary damages are proper when the dismissal was effected in a wanton, oppressive or malevolent manner, and public policy requires that these acts must be suppressed and discouraged.[38] In the present case, respondent failed to sufficiently establish that his dismissal was done in bad faith; was contrary to morals, good customs or public policy; and was arbitrary and oppressive to labor, thus entitling him to the award of moral and exemplary damages. | |||||
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2009-07-28 |
CHICO-NAZARIO, J. |
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| It is settled that once the employee has set out with particularity in his complaint, position paper, affidavits and other documents the labor standard benefits he is entitled to, and which the employer allegedly failed to pay him, it becomes the employer's burden to prove that it has paid these money claims. One who pleads payment has the burden of proving it; and even where the employees must allege nonpayment, the general rule is that the burden rests on the defendant to prove payment, rather than on the plaintiff to prove nonpayment.[37] | |||||
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2008-10-17 |
AUSTRIA-MARTINEZ, J. |
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| Anent the last assigned error. While the Court agrees with petitioners that there is no evidence to prove that force, violence or intimidation was employed to effect the disembarkation of the Filipino seamen, the Court still sustains the finding of the CA that the dismissal of private respondents and their companions was done in bad faith, contrary to morals, good customs or public policy, arbitrary and oppressive to labor, thus entitling them to the award of moral and exemplary damages. Moral damages are recoverable where the dismissal of the employee was attended by bad faith or fraud or constituted an act oppressive to labor, or was done in a manner contrary to morals, good customs or public policy.[45] On the other hand, exemplary damages are proper when the dismissal was effected in a wanton, oppressive or malevolent manner, and public policy requires that these acts must be suppressed and discouraged.[46] In the instant case, it is undisputed that respondents and the other Filipino seamen were actually engaged in the performance of their assigned tasks aboard M/T Lady Helene and were even rendering overtime work when they were unceremoniously directed to disembark from their vessel. Moreover, the total absence of any prior written notice of the charges against them, the opportunity to defend themselves against such charges and a written notice of the subsequent decision of the Ship Master to terminate their employment establish the arbitrary and oppressive character of the dismissal from employment of private respondents and their companions. | |||||