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March Islam Reigns ; Mar 31, It was at this moment that Surat ul-Kaafirun was revealed to the Prophet Muhammad. Economics 8th Edition Michael Parkin Iqbal Kalmati.
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If you regularly visit this site and wish to show your appreciation, or if you wish to see further development of Al-Islam. It was dedicated to Sultan Ahmad Shah I of Gujarat to whose praises he had devoted a special section towards the end of the book. A portion of this section is reproduced by Haji Dabir. Islam and Science Dr. Jayakar London , Moon O Theism Yoel Natan - de. Muhammad, its lone prophet, conceived his religion solely to satiate his lust for power, sex and money. Thus, petitioner did not explain her belated submission of the affidavits of her witnesses on appeal with the NLRC.
Consequently, her pleat that the affidavits be admitted in the interest of truth, justice and fair play was declared as lacking in merit.
In Filipinas [Pre-fabricated Bldg. NLRC G. It said that it should have adduced its evidence on the issue of illegal dismissal before the Labor Arbiter. It, however, failed to do so despite the opportunities given by the Labor Arbiter.
It was only when an adverse when an adverse decision was rendered against it by the Labor Arbiter that it offered to submit its evidence before the NLRC refuting the employees complaint of illegal dismissal. Such a practice cannot be tolerated for it will defeat the speedy administration of justice involving poor workers.
Moreover, it smacks of unfairness. For the sake of argument. Granting, without admitting that such pieces of evidence forms integral part of the instant case, the respondent still fails to present competent and admissible evidence. As found in the Rules on Evidence, Rule , Section 3 provides: Admissibility of evidence Evidence admissible when it is relevant to the issue and is not exclude by the law or these rules.
Following such provision, the law specifically mentions requirements for an evidence to be admissible. Hence, as provided for in the Labor Code, the evidence offered by the respondent should be held inadmissible as being excluded by the law. In the instant case, Filing beyond the reglementary period and only after the decision given by the Labor Arbiter will render such evidence as excluded by law.
Moving now on the admissibility of the pieces of evidence presented by the respondents, It is incredulous that the Honorable Commission actually stated:Xxx Further, even if we admit these payrolls in the interest of justice, still the same do not deserve weight and credence.
The alleged genuine payrolls in themselves are dubious as they do not contain a column for and the actual employees signature. The very essence of a payroll is the employees signature as an acknowledgment of the employees actual receipt of the amount stated therein, and not the signature of the person who prepared and checked it.
Absent employees signature, the payroll is self-serving. XXX Moreover, if doubts exist between the evidence presented by the employer and the employee, the scales of justice must be tilted in favor of the employee.
Since it is a time honored rule that in controversies between a laborer and his master, doubts reasonably arising from evidence, or in the interpretation of agreements and writings should be resolved in the formers favor. Indispensable is the issue on onus probandi.
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As provided, he who alleges must prove the same. In the instant situation, the respondents have not adduced evidence of great weight to prove their theory and allegations. As the respondents were the ones who actually questioned the basis for the computation of salary differential they must be the one to prove the same.
As the employer respondent has all the records and documents related to the case, it is not the duty of the complainant to produce the said pieces of evidence. It is also their duty to produce such competent evidence.
In cases involving monetary claims, it is well-entrenched that the burden of proving thereof rests on the employer. The positive testimony of a creditor may be sufficient of itself to show non-payment, even when met by indefinite testimony of the debtor.
Similarly, the testimony of the debtor may also be sufficient to show payment but where such testimony is contradicted by the other party or by a disinterested witness, the issue may be determined against the debtor since he has the burden of proof.
The testimony of the debtor creating merely an inference of payment will not be regarded as conclusive on that issue. Hence, for failure to present evidence to prove payment, petitioners defaulted in their defense and in effect admitted the allegations of private respondents. The reason for the rule, is 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 are not in the possession of the worker but in the custody and absolute control of the employer.
The complainants must not be faulted on the non-submission of duly authenticated payrolls. The complainants must not be made to suffer on such defect as such was not in the first place their duty to prove or disprove.
As seen, the complainants had exerted all their diligent effort to provide for a pay roll to prove the salary differential due them. Hence, it is now the responsibility of the respondents to provide payrolls duly signed by them and the complainants to prove all their claims. Also, It can be read in the Decision, that the Honorable Commission rendered a decision, to wit: xxx Moreover, respondents did not question the authenticity of the payrolls outright in their Reply.
Rather, it was only raised on appeal. Such is a mere afterthought which deserves no consideration.
Non-production of the pertinent records by the company raises doubt considering that it was in total exclusive control of such records. Unfavorable presumption that such records if produced would be adverse to company, applies.
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Xxx The body of the decision seemed to lean towards the non-appreciation of belatedly produced evidence. However, reading further would divulge that which seems to be purportedly reproduced to make believe and to make the complainants be at the losing end.Want to Read saving…. That is, from the time of receipt contained in their Reply, still before the Labor Arbiter.
As seen, the complainants had exerted all their diligent effort to provide for a pay roll to prove the salary differential due them. Toca el mejor lugar promocionarlas en q2 blog. See other items More Thursday, May 22, fabiola campomanes video.
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If all the while, however, the proof was presented for the first time on appeal was in the companys possession and it offered no val. In that context, it regrets that the Committee of the Regions, in its draft own-initiative opinion "EU maritime policy ' a question of sustainable development for local and regional authorities"4 suggested to adopt an interventionist approach with regard to port development by suggesting that concentration on a few large ports must be avoided and that a new European strategy on port infrastructures must follow.
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