4/30/2021
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Section 1 provides in relevant part, viz:
“. . . If the last day of the period, as thus computed, falls on a Saturday, a
Sunday or a legal holiday in the place where the court sits, the time shall
not run until the next working day.”
Petitioner thus timely filed his petition with the Court of Appeals on June 9, 1999.
We now proceed to decide the case on the merits. The issue is whether or not the claim
of the petitioner has prescribed. The applicable law is Article 291 of the Labor Code,
viz:
“Article 291. Money claims. All money claims arising from employeremployee relations accruing during the effectivity of this Code shall be filed
within three years from the time the cause of action accrued,
otherwise they shall be forever barred.” (emphasis supplied)
The pivotal question is when petitioner's cause of action accrued for this will determine
the reckoning date of the three-year prescriptive period.
Petitioner contends that his cause of action accrued only in 1993 when respondent A.P.
Moller wrote to him that its accounting records showed it had no outstanding money
orders and that his case was considered outdated. Thus, the three (3) year prescriptive
period should be counted from 1993 and not 1978 and since his complaint was filed in
1994, he claims that it has not prescribed.
We agree. Petitioner's cause of action accrued in November 1993 upon respondent
Maersk's definite denial of his money claims following this Court's ruling in the similar
case of Baliwag Transit , Inc. v. Ople.[10] In that case, a bus of the petitioner
Baliwag Transit bus company driven by the respondent driver figured in an accident
with a train of the Philippine National Railways (PNR) on August 10, 1974. This resulted
to the death of eighteen (18) passengers and caused serious injury to fifty-six (56)
other passengers. The bus itself also sustained extensive damage. The bus company
instituted a complaint against the PNR. The latter was held liable for its negligence in
the decision rendered on April 6, 1977. The respondent driver was absolved of any
contributory negligence. However, the driver was also prosecuted for multiple homicide
and multiple serious physical injuries, but the case was provisionally dismissed in March
1980 for failure of the prosecution witness to appear at the scheduled hearing. Soon
after the PNR decision was rendered, the driver renewed his license and sought
reinstatement with Baliwag Transit. He was advised to wait until his criminal case was
terminated. He repeatedly requested for reinstatement thereafter, but to no
avail, even after termination of the criminal case against him. Finally, on May 2, 1980,
he demanded reinstatement in a letter signed by his counsel. On May 10,
1980, petitioner Baliwag Transit replied that he could not be reinstated as his
driver's license had already been revoked and his driving was "extremely dangerous to
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52537
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