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speak. This happened only when the private respondent finally
demanded reinstatement on May 2, 1980, and his demand was
categorically rejected by the petitioner on May 10, 1980.”[11]
(emphasis supplied)
The facts in the case at bar are similar to the Baliwag case. Petitioner repeatedly
demanded payment from respondent Maersk but similar to the actuations of Baliwag
Transit in the above cited case, respondent Maersk warded off these demands by saying
that it would look into the matter until years passed by. In October 1993, Serrano
finally demanded in writing payment of the unsent money orders. Then and only then
was the claim categorically denied by respondent A.P. Moller in its letter dated
November 22, 1993. Following the Baliwag Transit ruling, petitioner’s cause of action
accrued only upon respondent A.P. Moller's definite denial of his claim in November
1993. Having filed his action five (5) months thereafter or in April 1994, we hold that it
was filed within the three-year (3) prescriptive period provided in Article 291 of the
Labor Code.
WHEREFORE, the petition is GRANTED and the impugned resolutions of the Court of
Appeals dated June 18, 1999 and July 15, 1999 are REVERSED and SET ASIDE. The
decision of the Labor Arbiter ordering respondent Maersk and/or A.P. Moller to pay
petitioner his untransmitted money order payments in the amount of HK$4,600.00 and
£1,050,00 Sterling Pounds or their peso equivalent at the time of actual payment is
reinstated.[12] No costs.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Kapunan, Pardo, and Ynares-Santiago, JJ., concur.
[1] Rollo, p. 16; Original Records, pp. 220-221; Affidavit-Complaint, p. 1.
[2] Rollo, pp. 5, 10.
[3] Id., p. 5.
[4] Id., p. 11.
[5] Id., p. 45.
[6] Id., pp. 23-24.
[7] Rollo, p. 41.
[8] G.R. No. 143789, November 27, 2000.
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