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AFI International Trading Corp., et al vs. Dennis G. Lorenzo, et al

AFI INTERNATIONAL TRADING CORPORATION (ZAMBOANGA BUYING STATION) and CELEDONIO RAYMUNDO, JR., Petitioners, versus DENNIS G. LORENZO and CECILIO S. SORSAN, Respondents.

G.R. No. 173256 | 2007-10-09

DECISION


NACHURA, J.:

In illegal dismissal cases, the onus of proving that the employee was not dismissed or if dismissed, that the dismissal was not illegal, rests on the employer and failure to discharge that burden would mean that the dismissal is not justified and therefore illegal.[1] We reiterate that principle in this case.

Petitioner AFI International Trading Corporation (or AFI) is a corporation engaged in buying and manufacturing marine and seafood products. Respondent Dennis Lorenzo was hired by AFI as processor on April 12, 1991, followed by respondent Cecilio S. Sorsan on February 6, 1992. Respondents were paid on a monthly...