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his money claim after only one month from the time of his
dismissal, necessarily, his money claim was filed within the
prescriptive period provided for by Article 291 of the Labor Code.
WHEREFORE, premises considered, the instant petition is hereby
DENIED. The assailed Decision of the Court of Appeals in CAG.R. SP. No. 68395 is hereby AFFIRMED. No Costs.
SO ORDERED.
CASE DIGEST:
AUTO BUS TRANSPORT SYSTEMS, INC. vs ANTONIO BAUTISTA
G.R. No. 156367 May 16 2005
Service Incentive Leave Pay
FACTS:
Antonio Bautista was employed by Auto Bus Transport Systems, Inc.
in May 1995. He was assigned to the Isabela-Manila route and he
was paid by commission (7% of gross income per travel for twice a
month).
In January 2000, while he was driving his bus he bumped another bus
owned by Auto Bus. He claimed that he bumped the he accidentally
bumped the bus as he was so tired and that he has not slept for more
than 24 hours because Auto Bus required him to return to Isabela
immediately after arriving at Manila. Damages were computed and
30% or P75,551.50 of it was being charged to Bautista. Bautista
refused payment.
Auto Bus terminated Bautista after due hearing as part of Auto Bus
management prerogative. Bautista sued Auto Bus for Illegal
Dismissal. The Labor Arbiter Monroe Tabingan dismissed Bautistas
petition but ruled that Bautista is entitled to P78,1117.87 13th month
pay payments and P13,788.05 for his unpaid service incentive leave
pay.
The case was appealed before the National Labor Relations
Commission. NLRC modified the LAs ruling. It deleted the award for
13th Month pay. The court of Appeals affirmed the NLRC.
Auto Bus averred that Bautista is a commissioned employee and if
that is not reason enough that Bautista is also a field personnel hence
he is not entitled to a service incentive leave. They invoke:
Art. 95. RIGHT TO SERVICE INCENTIVE LEAVE
(a) Every employee who has rendered at least one year of service
shall be entitled to a yearly service incentive leave of five days with
pay.