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Remoticado vs. Typical Construction Trading Corp.

RENANTE B. REMOTICADO, PETITIONER, VS. TYPICAL CONSTRUCTION TRADING CORP. AND ROMMEL M. ALIGNAY, RESPONDENTS.

G.R. No. 206529 | 2018-04-23

DECISION
LEONEN, J.:
 
There can be no case for illegal termination of employment when there was no termination by the employer. While, in illegal termination cases, the burden is upon the employer to show just cause for termination of employment, such a burden arises only if the complaining employee has shown, by substantial evidence, the fact of termination by the employer.

This resolves a Petition for Review on Certiorari[1] under Rule 45 of the 1997 Rules of Civil Procedure praying that the assailed November 29, 2012 Decision[2] and March 26, 2013 Resolution[3] of the Court of Appeals in CA ­G.R. SP No. 124993 be...