We base our conclusion not on Article 1144 of the Civil Code but on Article 291 of the
Labor Code, which sets the prescription period at three (3) years and which governs
under this jurisdiction.
Petitioner claims that the running of the prescriptive period was tolled when he filed his
complaint for illegal dismissal before the Labor Arbiter of the National Labor Relations
Commission. However, this claim deserves scant consideration; it has no legal leg to
stand on. In Olympia International, Inc. vs. Court of Appeals, we held that "although the
commencement of a civil action stops the running of the statute of prescription or
limitations, its dismissal or voluntary abandonment by plaintiff leaves the parties in
exactly the same position as though no action had been commenced at all."12[12]
Now, as to whether petitioner's separation from the company due to retrenchment was
valid, the appellate court found that the employment contract of petitioner allowed for
pre-termination of employment. We agree with the Court of Appeals when it said, Sdjad
"It is a settled rule that contracts have the force of law between the parties.
From the moment the same is perfected, the parties are bound not only to
the fulfillment of what has been expressly stipulated but also to all
consequences which, according to their nature, may be in keeping with
good faith, usage and law. Thus, when plaintiff-appellee accepted the offer
of employment, he was bound by the terms and conditions set forth in the
contract, among others, the right of mutual termination by giving three
months written notice or by payment of three months salary. Such
provision is clear and readily understandable, hence, there is no room for
interpretation."
xxx
Further, plaintiff-appellee's contention that he is not bound by the
provisions of the Agreement, as he is not a signatory thereto, deserves no
merit. It must be noted that when plaintiff-appellee's employment was
confirmed, he applied for membership with the Singapore Airlines Limited
(Pilots) Association, the signatory to the aforementioned Agreement. As
such, plaintiff-appellee is estopped from questioning the legality of the said
agreement or any proviso contained therein."13[13]
Moreover, the records of the present case clearly show that respondent court's decision
is amply supported by evidence and it did not err in its findings, including the reason for
the retrenchment:
12[12]
180 SCRA 353, 363 (1989).
13[13]
Rollo, pp. 35-36.