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Saturday, January 07, 2006
Regularity of performance of official duty
By Dominador A. Almirante
Labor case digest
Petitioner San Juan de Dios Educational Foundation Employees Union assert that they and their counsel were not served with copies of the Aug. 26, 1994 Return-to-Work Order issued by the Secretary of Labor and Employment. Consequently, they could not have defied the same.
The Sheriff’s Return, however, showed that the striking union refused to receive a copy of the order. Likewise, the staff of their counsel refused to receive a copy of it.
Did the union’s assertion find merit?
Ruling: No.
It bears stressing that the sheriff’s report is an official statement by him of his acts under the writs and processes issued by the court in obedience to its directive and in conformity with law. In the absence of contrary evidence, a presumption exists that a sheriff has regularly performed his official duty. To controvert the presumption arising therefrom, there must be clear and convincing evidence. In this case, the petitioners failed to adduce clear and convincing evidence to overcome the presumption.
The bare denial by the petitioners of receiving copies of the order will not suffice. (San Juan De Dios Educational Foundation Employees Union-Alliance of Filipino Workers, et al. versus San Juan De Dios Educational Foundation Inc. (Hospital) and NLRC, G.R. No. 143341, May 28, 2004).
For Bisaya stories from Cebu. Click here. (January 7, 2006 issue)
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