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Exodus International Construction, et al. vs. Guillermo Biscocho, et al.

EXODUS INTERNATIONAL CONSTRUCTION CORPORATION and ANTONIO P. JAVALERA, Petitioners, vs. GUILLERMO BISCOCHO, FERNANDO PEREDA, FERDINAND MARIANO, GREGORIO BELLITA and MIGUEL BOBILLO, Respondents.

G.R. No. 166109 | 2011-02-23

FIRST DIVISION
D E C I S I O N
 
DEL CASTILLO, J.:
 
In illegal dismissal cases, it is incumbent upon the employees to first establish the fact of their dismissal before the burden is shifted to the employer to prove that the dismissal was legal.
 
This Petition for Review on Certiorari1 assails the Decision2 dated August 10, 2004 of the Court of Appeals (CA) in CA-G.R. SP No. 79800, which dismissed the petition for certiorari challenging the Resolutions dated January 17, 20033 and July 31, 20034 of the National Labor Relations Commission (NLRC) in NLRC NCR CASE Nos. 30-11-04656-005 and 30-12-04714-00.
 
Factual Antecedents
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