Practice question
A particular SIL cash claim became due and was refused after a valid commutation demand four years before suit. No interruption, suspension or special rule applies, and the same matured claim is asserted again upon resignation. Does resignation alone revive that already prescribed claim?
- No
- Yes, every resignation restarts every expired wage claim
- Yes, all leave claims are exempt from prescription
- Yes, a repeated demand always revives a prescribed action
- Yes, the first refusal is legally irrelevant
Legal references
- Labor Code, Articles 95, 113-115 and 123-124: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Omnibus Rules Implementing the Labor Code, Book III, Rule V and Rule VIII, Section 14: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html
- Auto Bus Transport Systems, Inc. v. Bautista, G.R. No. 156367, May 16, 2005, MAIN decision: https://lawphil.net/judjuris/juri2005/may2005/gr_156367_2005.html
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