This case has been cited 1 times or more.
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2012-02-22 |
PEREZ, J. |
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| In Callanta v. Carnation Philippines, Inc.,[13] this Court ruled that actions based on injury to rights prescribe in four (4) years under Article 1146 of the Civil Code rather than three (3) years as provided for the Labor Code. An action for damages involving a plaintiff separated from his employment for alleged unjustifiable causes is one for "injury to the rights of the plaintiff, and must be brought within four (4) years."[14] Private respondent had gone to the Labor Arbiter on a charge, fundamentally, of illegal dismissal, of which his money claims form but an incidental part. Essentially, his complaint is one for "injury to rights" arising from his forced disembarkation.[15] Thus, Article 1146 is the applicable provision. It provides: Art. 1146. The following actions must be instituted within four years: | |||||