CASE DIGEST #2

REVIEW

LABOR

LAW

LEDESMA, JR. vs. NLRC et al

GR 174585 October 19, 2007
FACTS:
Petitioner was employed as bus driver by respondent on probationary basis. He was under
the direct supervision of De Leon whom petitioner filed a complaint for allegedly abusing his
authority. De Leon later filed a written report before the management citing petitioner to be
suspected of drug abuse. Petitioner was required to explain but later made to decide
whether to voluntarily resign with separation pay or to continue and suffer the possible
consequence of the case investigation. He filed a complaint for illegal dismissal alleging
among others and disallowed to enter the work site. He failed to support his allegation with
substantial evidence.
Hence, the filing of this case.
ISSUE:
Is the order of dismissal on the petitioner in order?
RULING:
In order to establish a case before judicial and quasi-administrative bodies, it is necessary
that allegations must be supported by substantial evidence. It means such relevant
evidence as a adequate to support conclusion.
The facts and the evidence did not establish a Prima facie case that the petitioner was
dismissed from employment other than his contention that he was indeed dismissed.
The law in protecting the rights of the employees authorizes neither oppression nor selfdestruction of the employer. There may be cases where the circumstances warrant favoring
labor over the interest of the management but never should the scale be so tilted if the
result is an injustice to the employer.
One who alleges a fact has the burden of proving it.

ALMA S. MENDOZA
PUNP LLB-4

ATTY. SIXTO RODRIGUEZ, JR.