Burden of proof in contractor's status
In Petron v. Caberte et al.[1], Petron contends that the CA erred in ruling that
ABC is a labor-only contractor since respondents failed to prove that ABC is not
an independent contractor. The contention, however, is incorrect. The law
presumes a
contractor to be a labor-only contractor
and the employees are not expected to prove the negative fact that the
contractor is a labor-only contractor.[2] Thus, it is not respondents but
Petron which bears the
burden of establishing that ABC is not
a labor-only contractor but a legitimate independent contractor. As held
in Alilin v. Petron Corporation,[3] "where the principal is the one
claiming that the contractor is a legitimate contractor, the burden of proving
the supposed status of the contractor rests on the principal."
[1] G.R. No. 182255, June 15, 2015.
[2] 7K Corporation v. National Labor Relations Commission, 537 Phil. 664,
678-679 (2006).
[3] G.R. No. 177592, June 9, 2014.