DIONARTO Q.

NOBLEJAS,
vs.
ITALIAN MARITIME ACADEMY
G.R. No. 207888 June 9, 2014

Facts:

IMAPI was a training center for seamen and an assessment

center for determination of the qualifications and competency
of seamen and officers for possible promotion. Record shows that
Procerna A. Terrei, IMAPI President, wrote a letter to Noblejas
informing him that he had been appointed as training
instructor of the company on a contractual basis for a period
of three months. After the expiration of the period, IMAPI hired
Noblejas anew as training instructor with the same salary rate, but no
written contract was drawn for his rehiring.

During the meeting, an altercation between them ensued. He claimed

that after that incident, Capt. Terrei instructed to dismiss him from
employment. According to respondents, Noblejas got angry, hurled
invectives against Terre and even threatened to file a case against
them. The following day, he did not report for work anymore and filed
the complaint against them. Noblejas was illegally dismissed
from his employment.

Issue:

Whether the burden of proof is encumbent upon the

employee to establish that there is a case for illegal dismissal

Held:

Fair evidentiary rule dictates that before employers are burdened to

prove that they did not commit illegal dismissal, it
is incumbent upon the employee to first establish by
substantial evidence the fact of his or her dismissal.
The court is not unmindful of the rule in labor cases that the
employer has the burden of proving that the termination was for a
valid or authorized cause. It is likewise incumbent upon the
employees, however, that they should first establish by
competent evidence the fact of their dismissal from
employment.

It is an age/old rule that the one who alleges a fact has the burden
of proving it and the proof should be clear, positive
and convincing. Mere allegation is not evidence.