Practice question
A claimant merely alleges that a benefit has existed “since time immemorial” without evidence of the asserted policy or practice. Is that phrase itself sufficient?
- No; the favorable practice must be clearly proved
- Yes; the phrase shifts every fact beyond dispute
- Yes; no payment history can be examined
- Yes; a legal conclusion substitutes for evidence
- Yes; an employer must accept any stated amount
Legal references
- Maternal v Coca-Cola GR218010 February6,2023 MAIN, company-practice burden and varying bonuses: https://lawphil.net/judjuris/juri2023/feb2023/gr_218010_2023.html
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