evidence

An affidavit is a sworn statement of an individual testifying on fact in issue in a particular situation or a case. It is usually presented to stand as a witness in a case, like in a labor case. What is the value of an affidavit in a labor case? Does it have any probative weight […]

In a case where the employee filed an illegal dismissal case with the National Labor Relations Commission (NLRC) and the employer defends against it by alleging the employee has resigned, the Supreme Court (SC) usually rules by examining the facts and circumstances of the case. The rule is that one who alleges a fact has […]

The Philippine labor laws traditionally require the service of notice to employees to be in writing. A written document is the best possible way to prove performance of legal duties by the employer in such case. Especially in the case of employee dismissal, the law strictly requires adherence to the notice requirements and imposes indemnity […]

In evaluating evidence available in a dismissal case, must the guilt of an employee be proved beyond reason-able doubt just like in criminal cases? The answer is no. Proceeding in labor is administrative in nature. All administrative determinations require only substantial proof and not clear and convincing evidence. (Segismundo vs. NLRC, G.R. No. 112203, December […]