This case has been cited 3 times or more.
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2008-03-04 |
REYES, R.T., J. |
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| Two (2) elements must be satisfied for an employee to be guilty of abandonment.[74] The first is the failure to report for work or absence without valid or justifiable reason. The second is a clear intention to sever the employer-employee relationship. The second element is the more determinative factor and must be evinced by overt acts. Likewise, the burden of proof is on the employer to show the employee's clear and deliberate intent to discontinue his employment without any intention of returning; mere absence is not sufficient. | |||||
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2005-04-15 |
AUSTRIA-MARTINEZ, J. |
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| The rule is that the burden of proving payment of monetary claims rests on the employer,[12] in this case, herein petitioner, it being the employment agency or recruitment entity, and agent of the foreign principal, Salim Al Yami Est.,[13] which recruited respondent. In Jimenez vs. NLRC,[14] which involves a claim for unpaid wages/commissions, separation pay and damages against an employer, the Court ruled that where a person is sued for a debt admits that the debt was originally owed, and pleads payment in whole or in part, it is incumbent upon him to prove such payment. This is based on the principle of evidence that each party must prove his affirmative allegations. Since petitioner asserts that respondent has already been fully paid of his stipulated salary, the burden is upon petitioner to prove such fact of full payment. | |||||
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2002-09-27 |
BELLOSILLO, J. |
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| layoff cannot by any reasoning be said to have abandoned his work, for it is already a well-settled doctrine that the filing by an employee of a complaint for illegal dismissal with a prayer for reinstatement is proof enough of his desire to return to work, thus negating the employer's charge of abandonment. Verily, it would be illogical for respondent Singson to have left his job and thereafter file the complaint against his employer. As we held in Villar v. National Labor Relations Commission[8] - x x x x It is clear from the records that sometime in August 1994, immediately after petitioners supposedly 'refused to work' having lost earlier in the certification election, several complaints for illegal dismissal against HI-TECH were filed by petitioners. These are | |||||