This case has been cited 1 times or more.
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2009-07-28 |
CHICO-NAZARIO, J. |
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| Hence, it was actually the Labor Arbiter who erred in denying Margallo's claim for sales commission "for failure to state the particulars to substantiate the same." Grandteq and Gonzales have the burden of proof to show, by substantial evidence, their claim that Margallo was not entitled to sales commissions because the sales made by the latter remained outstanding and unpaid, rendering these sales as bad debts and thus nullifying Margallo's right to this monetary benefit. Grandteq and Gonzales could have presented pertinent company records to prove this claim. It is a rule that failure of employers to submit the necessary documents that are in their possession as employers gives rise to the presumption that the presentation thereof is prejudicial to its cause.[39] | |||||