G.R. No. 224944 - REGGIE ORBISTA ZONIO, VS. 1ST QUANTUM LEAP SECURITY AGENCY, INC. AND ROMULO Q. PAR.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, the conflicting findings of the Labor Arbiter, the NLRC, and the CA, justify this Court to review the factual issues raised by Zonio. Zonio proved his entitlement to monetary claims. In determining the employee's entitlement to monetary claims, the burden of proof is shifted from the employer or the employee, depending on the monetary claim sought. [21] In claims for payment of salary differential, service incentive leave, holiday pay, and 13 th month pay, the burden rests on the employer to prove payment. This standard follows the basic rule that in all illegal dismissal cases the burden rests on the defendant-employer to prove payment rather than on the plaintiff-employee to prove non-payment. This likewise stems from the fact that all pertinent personnel files, payrolls, records, remittances and other similar documents - which show that the differentials, service incentive leave and other claims of workers have been paid - are not in the possession of the worker but are in the custody and control of the employer. [22] On the other hand, for overtime pay, premium pays for holidays and rest days, the burden is shifted on the employee , as these monetary claims are not incurred in the normal course of business. It is thus incumbent upon the employee to first prove that he actually rendered service in excess of the regular eight working hours a day, and that he in fact worked on holidays and rest days. [23] Here, to prove his entitlement to the payment of overtime pay; holiday and rest day premiums pay; and night shift differentials pay, Zonio submitted a photocopy of the logbook entries which showed the dates and shift when he reported for work, as well as the specific tasks he performed on that particular work shift. The logbook also contains the same information with regard to other security guards. Before and after each particular work shift, the incoming and outgoing security guard will sign the corresponding entry in the logbook. However, the logbook does not contain whether Zonio worked on holidays or during his rest days. Thus, Zonio's claim for holiday and rest day premiums is denied for lack of factual basis. Meanwhile, the entries in the logbook showed that Zonio worked 12-hour shifts, which ran from 7:00 a.m./p.m. to 7:00 p.m./a.m. Thus, he is entitled to overtime pay for work performed beyond eight hours a day, [24] or four hours for every shift. Likewise, Zonio is entitled to night-shift differential for each hour of work performed between 10:00 p.m. to 6:00 a.m. Based on the logbook, Zonio rendered services on the following dates: June 2, 2012 (1900H-0700H) [25] July 4, 2012 (1900H-0700H) - July 13, 2012 (1900H-0700H) [26] July 18, 2012 (0700H-1900H) [27] July 20, 2012 (0700H-1900H) - July 21, 2012 (0700H-1900H) [28] July 23, 2012 (0700H-1900H) [29] July 25, 2012 (0700H-1900H) - July 28, 2012 (0700H-1900H) [30] July 30, 2012 (0700H-1900H) [31] August 18, 2012 (0700H-1900H) [32] August 20, 2012 (0700H-1900H) - August 22,