IS THE EMPLOYEE REQUIRED TO DISPROVE PAYMENT OF BENEFITS DUE HIM?

It is not for an employee to prove non-payment of benefits to which he is entitled by law. Rather, it is on the employer that the burden of proving payment of these claims rests.

SCII (employer) presented payroll listings and transmittal letters to the bank to show that Canoy and Pigcaulan (employees) received their salaries as well as benefits which it claimed are already integrated in the employees’ monthly salaries. However, the documents presented do not prove SCII’s allegation.  SCII failed to show any other concrete proof by means of records, pertinent files or similar documents reflecting that the specific claims have been paid.  With respect to 13th month pay, SCII presented proof that this benefit was paid but only for the years 1998 and 1999.  To repeat, the burden of proving payment of these monetary claims rests on SCII, being the employer.  It is a rule that one who pleads payment has the burden of proving it.  “Even when the plaintiff alleges non-payment, still the general rule is that the burden rests on the defendant to prove payment, rather than on the plaintiff to prove non-payment.” Since SCII failed to provide convincing proof that it has already settled the claims, Pigcaulan should be paid his holiday pay, service incentive leave benefits and proportionate 13th month pay for the year 2000. (ABDULJUAHID R. PIGCAULAN  vs. SECURITY  and CREDIT INVESTIGATION,INC., G.R. No. 173648, January 16, 2012)