543 Phil. 371
AUSTRIA-MARTINEZ, J.:
WHEREFORE, the Motion for Reconsideration is DENIED except as to the recall of the award of unpaid commission to respondent Panganiban. The Decision dated July 30, 1999 is maintained subject to the modification that petitioners are ordered to pay respondent Panganiban the amount of P2,521,769.77 as unpaid commissions minus the amounts already paid to him by petitioners in relation thereto.Also assailed is the CA Resolution dated January 9, 2002,[3] denying petitioner's motion for reconsideration.
SO ORDERED.[2]
WHEREFORE, the instant petition is GRANTED. The challenged Order of February 26, 1998 and Resolution dated March 25, 1998 of public respondent NLRC in NLRC NCR CA 013845-97 as well as the Decision of the Labor Arbiter in NLRC NCR 00-07-04614-96 are hereby annulled, reversed and set aside and the claims of private respondent for reinstatement, backwages and benefits in conjunction with his employment from 1986 to 1988 have prescribed. The complaint in connection with his appointment as Vice-President for Marketing from July, 1992 to April 26, 1993 is within the jurisdiction of the Securities and Exchange Commission and NLRC NCR 00-07-04614-96 is dismissed for lack of jurisdiction.Respondent filed a motion for reconsideration of the CA Decision, and on August 21, 2001, the CA rendered the assailed Resolution.
SO ORDERED.[11]
The main issue in this case is whether or not respondent's claim for unpaid commissions in the amount of P2,521,769.77 has already prescribed.I.
RESPONDENT HONORABLE COURT OF APPEALS HAS SERIOUSLY ERRED IN DECLARING THAT RESPONDENT PANGANIBAN'S CLAIM FOR ALLEGED UNPAID COMMISSION HAS NOT PRESCRIBED SUPPOSEDLY DUE TO THE FILING OF CIVIL CASE NO. Q-89-2244 WHEN OTHERWISE RESPONDENT'S CLAIM FOR ALLEGED UNPAID COMMISSIONS HAS ALREADY CLEARLY PRESCRIBED BECAUSE HE HAS NOT FILED HIS CLAIM WITHIN THE THREE (3) YEAR PRESCRIPTIVE PERIOD AND BEFORE A COMPETENT LABOR ARBITER WHO OUGHT TO HEAR HIS ALLEGED MONEY CLAIMS WITHIN THE PROPER TIME.II.
RESPONDENT HONORABLE COURT OF APPEALS HAS FURTHER SERIOUSLY ERRED IN DECLARING THAT RESPONDENT PANGANIBAN'S CLAIM FOR ALLEGED UNPAID COMMISSION HAS NOT PRESCRIBED DUE TO THE SUPPOSED ACKNOWLEDGMENT OF THE ALLEGED CLAIM OF THE RESPONDENT BY THE PETITIONER WHEN OTHERWISE RESPONDENT'S CLAIMS FOR ALLEGED UNPAID COMMISSIONS HAS CLEARLY PRESCRIBED BECAUSE THERE WAS NO CONFLUENCE OF DEBTS WHATSOEVER.[12]
x x x A circumspect review of the antecedents of the claim reveals that it has not in fact prescribed due to the filing of Civil Case No. Q-89-2244 and the express acknowledgments of the claims of respondent Panganiban by petitioners IBC, et al. The chronology of events show the following:The CA ruled that respondent's money claim had not yet prescribed, as it was interrupted in two instances: first, by the filing of Civil Case No. Q-89-2244 by respondent with the RTC; and second, by the express acknowledgment of the debt by petitioners.From date of dismissal of CA-G.R. SP No. 23821 up to the date of express acknowledgment of debt, only a period of 1 year and 3 months has passed by.[13]
- Date of resignation of Panganiban - September 2, 1988.
- Date of filing of Civil Case No. Q-89-2244 - April 12, 1989
From September 2, 1988 up to April 12, 1989, a period of 5 months and 10 days have elapsed. Prescription of action has been interrupted as of April 12, 1989.- Date of dismissal of petition in CA-G.R. SP No. 23821 - October 21, 1991.
Prescription of action started to run again starting October 21, 1991.- Express acknowledgment of debt by petitioners in a letter sent by Pio S. Kaimo, Jr., Audit Group Head addressed to IBC Gen. Manager Ceferino M. Basilio (Annex A of Motion for Reconsideration) - January 21, 1993.
ART. 217. Jurisdiction of Labor Arbiters and the Commission.-- (a) Except as otherwise provided under this Code the Labor Arbiter shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:Like other causes of action, the prescriptive period for money claims is subject to interruption, and in the absence of an equivalent Labor Code provision for determining whether the said period may be interrupted, Article 1155 of the Civil Code may be applied,[15] to wit:
x x x x
3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
x x x x
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims, arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.
x x x x
ART. 1155. The prescription of actions is interrupted when they are filed before the Court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor.Thus, the prescription of an action is interrupted by (a) the filing of an action, (b) a written extrajudicial demand by the creditor, and (c) a written acknowledgment of the debt by the debtor. On this point, the Court ruled that although the commencement of a civil action stops the running of the statute of prescription or limitations, its dismissal or voluntary abandonment by plaintiff leaves the parties in exactly the same position as though no action had been commenced at all.[16]
Find attached Cash Voucher #28649 in the amount of P105,573.88 payable to Mr. Tex Panganiban. This is a replacement of Cash Voucher Nos. 17496 amounting to P53,668.05 and 19749 in the amount of P51,905.83 representing commissions earned for the period February 1-15 and July 16-30, 1988.In any event, the foregoing observation is immaterial considering that such written acknowledgment, whether of the entire amount or merely a portion thereof, made by petitioner in its letter dated January 21, 1993 does not alter the fact that respondent's claim had already prescribed as of September 1991, and any discussion by the Court on the effect of such acknowledgment will merely be surplusage or obiter dicta.
x x x
In as much as the case against him has been dismissed for lack of merit and he has submitted the proper documents to liquidate his accountabilities, we see no reason why payment of the said commission should be withheld further.[18]