6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly argued that the government of Madagascar prioritized the employment of its citizens, and not foreigners. Thus, Arriola was terminated because there was no more job available for him.[59] The Court finds that Arriola was not validly dismissed. The petitioners simply argued that they were suffering from financial losses and Arriola had to be dismissed. It was not even clear what specific authorized cause, whether retrenchment or redundancy, was used to justify Arriola's dismissal. Worse, the petitioners did not even present a single credible evidence to support their claim of financial loss. They simply offered an unreliable news article which deserves scant consideration as it is undoubtedly hearsay. Time and again the Court has ruled that in illegal dismissal cases like the present one, the onus of proving that the employee was dismissed and that the dismissal was not illegal rests on the employer, and failure to discharge the same would mean that the dismissal is not justified and, therefore, illegal.[60] As to the amount of backpay awarded, the Court finds that the computation of the CA was valid and proper based on the employment contract of Arriola. Also, the issue of whether the petitioners had made partial payments on the backpay is a matter best addressed during the execution process. WHEREFORE, the petition is DENIED. The January 24, 2013 Decision of the Court of Appeals in CA-G.R. SP No. 118869 is AFFIRMED in toto. SO ORDERED. Carpio, (Chairperson), Del Castillo, and Leonen, JJ., concur. Brion, J., on leave. [1] Penned by Associate Justice Edwin D. Sorongon with Associate Justice Hakim S. Abdulwahid and Associate Justice Marlene Gonzales-Sison, concurring; rollo, pp. 48-58. [2] Penned by Presiding Commissioner Benedicto R. Palacol with Commissioner Isabel G. Panganiban-Ortiguerra and Commissioner Nieves Vivar-De Castro, concurring; id. at 66-72. [3] Id. at 73-75. [4] Id. at 49 and 67. [5] CA rollo, pp. 106-107. [6] Id. at 70, citing NLRC Records, p. 5. [7] Id. at 127-128. [8] Rollo, pp. 59-60; see CA rollo, p. 126. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61749 13/16

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