him, he claims that he could not have been processed as a balik-manggagawa as
defined by law. We simply cannot countenance such trifling regard for the law by
awarding to petitioner the money claims he is seeking in the present case.
As for the medical examination result which petitioner belatedly presented
before the Court of Appeals, the law clearly requires that there should first be a job
order relating to an existing overseas position before a worker shall be subjected to
a medical examination. In this case, as petitioner is the one insisting that a job
order exists, he bears the burden of producing the same. After all, the rule is
settled that he who alleges must prove.[32] Petitioner miserably failed to discharge
this burden.
WHEREFORE, premises considered, the present petition is
hereby DENIED and the Decision of the Court of Appeals dated28 November
2000 in CA-G.R. SP. No. 58795, affirming the Resolution of the National Labor
Relations Commission dated 31 January 2000, is AFFIRMED. No costs.
SO ORDERED.
MINITA V. CHICO-NAZARIO
Associate Justice
WE CONCUR:
ARTEMIO V. PANGANIBAN
Chief Justice
Chairperson
CONSUELO YNARES-SANTIAGO MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice Associate Justice