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ALEX FERRER v. NLRC

This case has been cited 1 times or more.

2005-03-31
CHICO-NAZARIO, J.
In a long line of cases,[13] we have stated that the case of Mercury Drug, Co., Inc. v. CIR,[14] is no longer applicable.  To preclude the recurrence of the situation where the employee, with folded arms, remains inactive in the expectation  that windfall would come to him and to speed up the process of execution, the aforementioned Mercury Drug case provided a remedy by ruling that an employee whose illegal termination had lasted some years was entitled to backwages for a fixed period "without further qualifications," i.e., without need of taking account of whatever he might have earned during such period, and deducting it from the amount of recovery, by providing a base period of three years. The three-year-limit doctrine has been consistently and uniformly applied by this Court over many years until the promulgation of Republic Act No. 6715 which amended Article 279 of the Labor Code in 1989.