G.R. No.

151849 June 23, 2005

G & M (PHIL.), INC., Petitioner,

vs.
WILLIE BATOMALAQUE, Respondent.

Well-settled is the rule that in cases of non-payment and underpayment of salaries and
wages, the employer has the burden of proof to show that the worker/employee has been
paid all his salaries and wages since it has in its possession the proof of payment such as
payrolls and/or vouchers (Sambalonay vs. Jose Cuevas, NLRC No. RB IV 186447,
February 13, 1980) and in the absence of proof to the contrary, it is deemed that no payment
has been made.

It is settled that as a general rule, a party who alleges payment as a defense has the burden
of proving it.27

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.28

Aside, however, from its bare allegation that its principal Abdul Aziz had fully paid
respondents salaries, petitioner did not present any evidence, e.g., payroll or payslips, to
support its defense of payment. Petitioner thus failed to discharge the onus probandi.

Even when the plaintiff alleges non-payment, still the general rule is that the
burden rests on the defendant to prove payment, rather than on the plaintiff to
prove non-payment.[33]

Furthermore, under Presidential Decree No. 851,[31] he should be paid his

13th month pay. As employer, SCII has the burden of proving that it has paid these
benefits to its employees.[32]

Requiring All Employers To Pay Their Employees A 13 th-Month Pay.

[32]
Saberola v. Suarez, G.R. No. 151227, July 14, 2008, 558 SCRA 135, 146-147.
[33]
Id.

MANILA Labor Secretary Silvestre Bello III urged employers on Tuesday

to pay their employees 13th month pay on time.
Bello said employers must pay their workers 13th month pay not later than
December 24, 2016.
All employers are required to pay their rank-and-file employees the 13th
month pay, regardless of the nature of their employment, and irrespective of the
methods by which their wages are paid, provided they worked for at least one
month in a year, Bello said in a statement.
ADVERTISEMENT
Ads by Kiosked
Labor laws and their implementing rules and regulations mandate the payment
of 13th month pay.
The 13th month pay is a labor standard provision of the law that the DOLE
does not compromise as to its payment. And employers are duty-bound under
the law to report their compliance with this worker benefit, Bello said.
Under the Labor Code, every covered employer is required to make a report of
compliance to the nearest DOLE regional office not later than 15th of January
each year.

Read more: http://newsinfo.inquirer.net/837741/companies-reminded-to-pay-

13th-month-pay-on-time#ixzz4hQBG3g3F
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook