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Question

Prescription of Actions: Illegal Dismissal - Civil Code, Art. 1146

Arlene worked as a sales representative for ABC Company for 8 years. Due to a series of conflicts with her immediate supervisor, she was terminated from her employment without any valid cause. Arlene believes that her dismissal was illegal and wants to file a case against ABC Company for illegal dismissal. Discuss the following scenarios and determine whether Arlene's actions are still within the prescribed period for filing a case based on the provisions of the Civil Code, specifically Article 1146 on prescription of actions.

1. Three months after her dismissal, Arlene notices that she was not given her separation pay. She decides to file a complaint before the labor department to claim her separation pay and backwages. Is Arlene's action within the prescribed period?
2. Six months after her dismissal, Arlene finds out that her position was given to another employee who has less experience and qualifications. She consults with a lawyer and intends to file a case for illegal dismissal and claim damages for the loss of her employment. Is Arlene's action within the prescribed period?
3. Two years after her dismissal, Arlene discovers evidence proving that she was terminated for discriminatory reasons based on her gender. She wants to file a case for illegal dismissal and seek compensation for the discrimination she experienced. Is Arlene's action within the prescribed period?

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Answer