4/16/2021
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'Subject stranded OCW purchased his own ticket No.
07942041113955 from Jeddah to Manila via Karachi. The
subject OCW was repatriated on 2 November 1988.
'This certification is issued upon the request of the stranded (sic)
OCW for whatever legal purpose it may serve.' (Annex "C",
Petition. Underscoring for emphasis).
Against this Certification, private respondents failed to adduce any proof
that the return ticket was purchased by the employer. Considering that
petitioner was illegally dismissed as earlier discussed, private respondents
are, therefore, liable for the repatriation expenses of petitioner."[30]
The Court in Pacific Maritime Services, Inc. vs. Ranay[31] reiterated the doctrine
regarding a claim of payment in labor cases, viz:
"As a general rule, one who pleads payment has the burden of proving it.
Even where the plaintiff must allege non-payment, the general rule is that
the burden rests on the defendant to prove payment, rather than on the
plaintiff to prove non-payment. The debtor has the burden of showing with
legal certainty that the obligation has been discharged by payment."
In view of all the foregoing, we hold that the assailed resolution of public respondent
NLRC is a patent nullity; and that the same was issued in grave abuse of discretion.
The said resolution of public respondent NLRC, being a patent nullity, immediate resort
to this Court was justified even without a prior motion for reconsideration therefor.
WHEREFORE, the assailed Resolution dated March 26, 1991 of public respondent
National Labor Relations Commission (Second Division) is hereby REVERSED and SET
ASIDE; and the Decision dated December 29, 1989 of the POEA Adjudication Office is
hereby REINSTATED.
SO ORDERED.
Bellosillo (Chairman), Mendoza, Quisumbing, and Buena, JJ., concur.
[1] Rollo, pp. 23-30; penned by Domingo H. Zapanta, Commissioner and concurred in
by Edna Bonto-Perez, Presiding Commissioner, and Rustico L. Diokno, Commissioner.
[2] Rollo, pp. 32-40.
[3] Rollo, p. 40.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52120
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