On payment of wages, a party who alleges payment as a defense has the burden of proving it

As a general rule, on payment of wages, a party who alleges payment as a defense has the burden of proving it.[17] Specifically with respect to labor cases, the burden of proving payment of monetary claims rests on the employer, the rationale being 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 workers have been paid — are not in the possession of the worker but in the custody and absolute control of the employer.[18]

In this case, petitioners, aside from bare allegations that private respondents received wages higher than the prescribed minimum, failed to present any evidence, such as payroll or payslips, to support their defense of payment.  Thus, petitioners utterly failed to discharge the onus probandi.

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/172161.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Burden of Proof, Evidence, Labor Law, Wages/Salaries and tagged . Bookmark the permalink.

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