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NLRC convinced him to just voluntarily resign with the assurance that he would still be
G.R. No. 174585, October 19, 2007 given separation pay.
Ponente: Chico-Nazario Ledesma did not yet sign the resignation letter replying that he needed time to
Digest Author: Camille Barredo think over the offers.
When he went back to PNTI’s training site in Dasmariñas, Cavite to get his bicycle,
PETITIONER: Federico M. Ledesma, Jr. he was no longer allowed by the guard to enter the premises.
RESPONDENTS: National Labor Relations Commission (NLRC-Second Division) Hons. Raul The following day, Ledesma immediately went to St. Dominic Medical Center for a
T. Aquino, Victoriano R. Calaycay and Angelita A. Gacutan are the Commissioners, drug test and he was found negative for any drug substance.
Philippine Nautical Training Inc., Atty. Hernani Fabia, Ricky Ty, Pablo Manolo, C. De Leon With his drug result on hand, he went back to PNTI’s main office in Manila to talk to
and Treena Cueva Ty and Cueva and to show to them his drug test result. Ledesma then told them
that since his drug test proved that he was not guilty of the drug use charge
DOCTRINE: Before the burden of proof shifts to the employer to prove the validity of the against him, he decided to continue to work for PNTI.
employee's dismissal, the employee must first sufficiently establish that he was indeed Ledesma reported for work, but he was no longer allowed to enter the training site
dismissed from employment. for he was allegedly banned therefrom according to the guard on duty.
Petitioner’s Allegation: The payroll was merely fabricated for the purpose of
supporting PNTI’s case before the NLRC.
Counter-argument: Entries in the payroll, being entries in the course of business, enjoy
the presumption of regularity under Rule 130, Section 43 of the Rules of Court. It is
therefore incumbent upon Ledesma to adduce clear and convincing evidence in
support of his claim of fabrication and to overcome such presumption of regularity.
While the Court 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, in the case at bar, however, the facts and the evidence did not
establish a prima facie case that Ledesma was dismissed from employment. Before
PNTI must bear the burden of proving that the dismissal was legal, Ledesma must first
establish by substantial evidence the fact of his dismissal from service. Logically, if
there is no dismissal, then there can be no question as to the legality or illegality
thereof.
Petition is denied.