A.I. Powered: Philippine Bar Reviewer

Question

J. Prescription of Actions: Illegal Dismissal under Civil Code, Article 1146

Mr. Rodriguez worked as a senior employee at XYZ Corporation for 15 years. However, he was suddenly terminated from his position without any valid cause and without due process. Feeling aggrieved, Mr. Rodriguez decides to file a legal action against XYZ Corporation for illegal dismissal.

Discuss the following questions:

1. What is the prescriptive period for Mr. Rodriguez to file his action for illegal dismissal under Article 1146 of the Civil Code? Explain the relevant provisions of the law.
2. When does the prescriptive period begin to run in cases of illegal dismissal? Can it be interrupted or suspended? Explain.
3. If Mr. Rodriguez decides to file his action after the prescriptive period has expired, what legal consequences might he face? Discuss any possible arguments or remedies that he can raise to overcome the issue of prescription.

---

Answer