Settled is the rule that in termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. The case of the employer must stand or fall on its own merits and not on the weakness of the employee's defense.
(pcl shipping philippines, inc. and u-ming marine transport corporation versus national labor relations commission and steve rusel, g.r. no. 153031, december 14, 2006)
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