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NLRC proved that he was not guilty of the drug use charge against him, he decided to continue to work
G.R. No. 174585, October 19, 2007 for PNTI.
Ponente: Chico-Nazario Ledesma reported for work, but he was no longer allowed to enter the training site for he was
Digest Author: Camille Barredo allegedly banned therefrom according to the guard on duty.
While the Court is not unmindful of the rule that in cases of illegal dismissal, the employer bears the
burden of proof to prove that the termination was for a valid or authorized cause, in the case at bar,
however, the facts and the evidence did not establish a prima facie case that Ledesma was dismissed
from employment. Before PNTI must bear the burden of proving that the dismissal was legal, Ledesma
must first establish by substantial evidence the fact of his dismissal from service. Logically, if there is
no dismissal, then there can be no question as to the legality or illegality thereof.
Petition is denied.