ADVERTISEMENT
FIRST DIVISION
[G.R. No. 234466. January 10, 2019.]
NILO R. DULA, petitioner,vs. DATEM INCORPORATED AND LEVIRITU V. ESPIRITU, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 10, 2019which reads as follows:
"G.R. No. 234466 (Nilo R. Dula v. Datem Incorporated and Leviritu V. Espiritu). — After review, the Court resolves to PARTIALLY GRANT the petition and AFFIRM WITH MODIFICATION the Court of Appeals' (CA) Decision dated November 10, 2016 and Resolution dated September 7, 2017 in CA-G.R. SP No. 139121.
The factual finding of the Labor Arbiter, the National Labor Relations Commission, and the CA, that petitioner was validly dismissed, should be accorded respect and finality by the Court, absent any compelling exceptions to the contrary.
The Court, however, modifies the decision of the CA insofar as the award of service incentive leave pay to petitioner is concerned. Auto Bus Transport System, Inc. v. Bautista1 clarified that the three (3)-year prescriptive period under Article 291 of the Labor Code commences from the time when the employer refuses to pay its monetary equivalent after demand of commutation or upon termination of the employee's services, as the case may be. Thus, the prescriptive period with respect to petitioner's claim for his entire service incentive leave pay commenced only from the time of his resignation or separation from employment in October 2010. Since petitioner filed his complaint in April 2013, his claim for service incentive leave pay has not yet prescribed and he may be awarded service incentive leave pay for his entire years of service with the company.
WHEREFORE, the petition is PARTIALLY GRANTED. The Decision and Resolution of the Court of Appeals dated November 10, 2016 and September 7, 2017, respectively, in CA-G.R. SP No. 139121 are AFFIRMED WITH MODIFICATION as to the amounts awarded. The case is hereby REMANDED to the Labor Arbiter for the RE-COMPUTATION of the total monetary benefits due petitioner. The Labor Arbiter is further DIRECTED to include the service incentive leave pay of petitioner for the years 1991 to 2010.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See G.R. No. 156367, May 16, 2005, 458 SCRA 578, 596.