OUR HAUS REALTY DEVELOPMENT CORPORATION, Petitioner,

vs.
ALEXANDER PARIAN et al, Respondents.

FACTS:
The respondents were all laborers working for the petitioner, Our Haus Realty
Development Corporation (Our Haus, for brevity), a company engaged in the
construction business. Sometime in May 2010, Our Haus experienced financial
distress. To alleviate, petitioner suspended some of its construction projects and asked
the affected workers, including the respondents, to take vacation leave. When
respondents were asked to report back to work, they instead filed with the Labor
Arbiter for underpayment of their daily wages. They further alleged that Our Haus
failed to pay them their holiday, service incentive leave (SIL), 13th month and
overtime pay.

ISSUES:
1) Whether or not the respondents' are entitled to 13th month pay, holiday and Service
Incentive pay.

RULING:
1) In labor cases, the burden of proving payment of monetary claims rests on the
employer on the reasoning that the pertinent personnel files, payrolls, records,
remittances and other similar documents — which will show that overtime,
differentials, service incentive leave and other claims of workers have been paid
which are not in the possession of the worker but in the custody and absolute
control of the employer. Our Haus merely presented a hand-written certification
from its administrative officer that its employees become entitled to 5 days service
incentive leave after they passed probation period. The evidence adduced by Our
Haus is not sufficient to prove actual payment of monetary claims. Hence,
respondents are entitled to 13th month pay, holiday and Service Incentive pay.

1|Page
jmradaza