Practice question
For years an employer deliberately paid full benefits to workers serving less than a year. To discontinue the practice it offers only a manager’s bare affidavit that all earlier payments were mistakes, without supporting payroll comparisons. Which is best under Arco?
- The bare mistake assertion does not conclusively rebut the established deliberate practice.
- Calling a payment a mistake automatically proves it.
- A manager’s title dispenses with supporting facts.
- Repeated actual payroll treatment is always irrelevant.
- Every overpayment claim is conclusively fraudulent.
Legal references
- Eastern Telecommunications Philippines v. Eastern Telecoms Employees Union, G.R. No. 185665, February 8, 2012, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/21642
- American Wire and Cable Daily Rated Employees Union v. American Wire and Cable Co., G.R. No. 155059, April 29, 2005, main decision: https://lawphil.net/judjuris/juri2005/apr2005/gr_155059_2005.html
- Arco Metal Products v. Samahan ng mga Manggagawa sa Arco Metal-NAFLU, G.R. No. 170734, May 14, 2008, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45241
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