Dear Atty. Kathy,

Our company has an ongoing labor case, where we were ordered to pay back to the complainant 3 years’ worth of the cash bond deducted from his wages every 2 weeks. However, the complainant did not even present the computation for said 3 years’ worth of cash bond, and merely presented his pay slips. We have the computation of complainant’s final pay that he received, which shows the balance of the cash bond subject for return to complainant upon his separation, but we did not present this because we believe it is complainant who should prove his claim. Do we have grounds to contest the grant of the 3 years’ worth of cash bond, with only pay slips as proof?

Francis

***

Dear Francis,

As ruled by the Supreme Court, an employee is not required under the NLRC Rules of Procedure to compute his total monetary claims and present such computation before the courts. It is sufficient that an employee submits his pay slips showing that the cash bond was regularly deducted from his wages. Thereafter, the labor tribunals can easily compute the total cash bond withheld from an employee during the course of his employment.

With regard to your company’s choice not to present the final pay computation, the Supreme Court has held that when a party refuses to produce evidence to prove a material fact which imposes liability on himself or herself although he has it in his or her power to produce such evidence, the presumption arises that the evidence, if produced, would operate to his or her prejudice and would support the case of his or her adversary.

Thus, the company’s choice not to fully and completely disclose all the relevant documents pertaining to the payment of complainant’s cash bond, like the final pay computation, resulted in your failure to discharge the burden of proving payment of the cash bond to the employee.

Based solely on the above narration of facts, you may not have grounds to question the order to pay the cash bond.

(John Kriska Logistics Inc., et al. versus Elizardo T. Mendoza, G.R. No. 250288, 30 January 2023)

Atty. Kathy Larios