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TEGIMENTA CHEMICAL PHILS. v. MARY ANNE OCO

This case has been cited 1 times or more.

2013-07-10
VILLARAMA, JR., J.
Petitioners stated in their verified position paper that Lopez, Jr. fired them on October 17, 2008, told them that it was their last day and ordered them to turn over the records to their successors.  We reviewed respondents' verified position paper and reply to petitioners' position paper filed before the Labor Arbiter and found nothing there denying what happened as stated under oath by petitioners.  Respondents merely said that no evidence shows or even hints that petitioners were forced not to report for work and that petitioners abandoned their jobs.  Even respondents' appeal memorandum[31] filed before the NLRC is silent on petitioners' claim that Lopez, Jr. fired them.  Respondents' silence constitutes an admission that fortifies the truth of petitioners' narration.  As we held in Tegimenta Chemical Phils. v. Oco[32]: Most notably, the [Labor Arbiter] observed that the employers "did not deny the claims of complainant [Oco] that she was simply told not to work."  As in Solas v. Power & Telephone Supply Phils. Inc., this silence constitutes an admission that fortifies the truth of the employee's narration.  Section 32, Rule 130 of the Rules of Court, provides: