REGGIE ORBISTA ZONIO,

PETITIONER
vs.
1ST QUANTUM LEAP SECURITY
AGENCY, INC. ET AL,
RESPONDENTS.

REPORTER: DANICA LOU S. FLORES

FACTS

FACTS
OF THE CASE
This case is about the denial of the claims of
the petitioner, Zonio for payment of overtime
and holiday pay; holiday and rest day
premiums pay, and night shift differentials
pay.
ISSUE
ISSUE
OF THE CASE
Whether Zonio is entitled to receive payment
for overtime and holiday; holiday and rest day
premiums pay, and night shift differentials
pay?
 LAW
LAW
APPLICABLE
Labor Code:
“ART. 86. Night-Shift Differential. – Every employee shall
be paid a night shift differential of not less than ten
percent (10%) of his regular wage for each hour of work
performed between ten o’clock in the evening and six
o’clock in the morning.”

Related Jurisprudence: In the case of Minsola vs.

New City Builders, Inc.

“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.”
 CHRONOLOGY

CHRONOLOGY
OF THE CASE
1. Labor Arbiter
2. National Labor Relations Commission
3. Court of Appeals
4. Supreme Court
 RULING
RULING
OF THE COURT
The supreme court said that, Zonio proved his entitlement to monetary
claims.

XXX

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.
 RULING

OPINION
OF THE STUDENT
I agree with the basis of the decision of the court
in this case, the logbooks serve as strong
evidence to prove that the petitioner worked
overtime, thus he is entitled to overtime pay for
work performed beyond eight hours a day.
Likewise, he is entitled to night-shift differential
for each hour of worked performed between
10:00pm to 6:00am.