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PRESCRIPTION OF OFFENSES AND CLAIMS ARTICLE 290. Offenses.

Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years. All unfair labor practice arising from Book shall be filed !ith the appropriate agency !ithin one (") year from accrual of such unfair labor practice# other!ise$ they shall be fore%er barred. ARTICLE 291. Money claims. All money claims arising from employer&employee relations accruing during the effecti%ity of this Code shall be filed !ithin three (3) years from the time the cause of action accrued# other!ise they shall be fore%er barred. All money claims accruing prior to the effecti%ity of this Code shall be filed !ith the appropriate entities established under this Code !ithin one (") year from the date of effecti%ity$ and shall be processed or determined in accordance !ith the implementing rules and regulations of the Code# other!ise$ they shall be fore%er barred. 'orkmens compensation claims accruing prior to the effecti%ity of this Code and during the period from (o%ember "$ ")*+ up to ,ecember 3"$ ")*+$ shall be filed !ith the appropriate regional offices of the ,epartment of -abor not later than .arch 3"$ ")*/# other!ise$ they shall fore%er be barred. 0he claims shall be processed and ad1udicated in accordance !ith the la! and rules at the time their causes of action accrued. ARTICLE 292. Institution of money claims. & .oney claims specified in the immediately preceding Article shall be filed before the appropriate entity independently of the criminal action that may be instituted in the proper courts. 2ending the final determination of the merits of money claims filed !ith the appropriate entity$ no ci%il action arising from the same cause of action shall be filed !ith any court. 0his pro%ision shall not apply to employees compensation case !hich shall be processed and determined strictly in accordance !ith the pertinent pro%isions of this Code.

.oney claims# 2rescription. 3nder Article ""3) of the Ci%il Code$ actions prescribe by the mere lapse of the time prescribed by la!. 0hat la! may either be the Ci%il Code or special la!s as specifically mandated by Article ""+4. 5n labor cases$ the special la! on prescription is Article 6)" of the -abor Code !hich pro%ides7

Article 6)". .oney Claims. All money claims arising from employer&employee relations accruing during the effecti%ity of this Code shall be filed withi th!ee "#$ %ea!s f!&' the ti'e the (a)se &f a(ti& a((!)ed* &the!wise the% shall be ba!!ed f&!e+e!. (8mphasis supplied)

5bid.# A((!)al &f '& e% (lai's. 0he -abor Code has no specific pro%ision on !hen a monetary claim accrues. 0hus$ again the general la! on prescription applies. Article ""/9 of the Ci%il Code pro%ides that Article ""/9. 0he time for prescription for all kinds of actions$ !hen there is no special pro%ision !hich ordains other!ise$ shall be counted f!&' the da% the% 'a% be b!&),ht. (8mphasis supplied) 0he day the action may be brought is the day a claim started as a legal possibility. 5n the present case$ the day came !hen petitioner learned of Asiakonstrukt:s deduction from his salary of the amount of ad%ances he had recei%ed but had$ by his claim$ been settled$ the same ha%ing been reflected in his payslips$ hence$ it is assumed that he learned of it at the time he recei%ed his monthly paychecks. (Anabe %s. Asian Construction$ et al.$ ;.<. (o. "43633$ ,ecember 63$ 699).) 'hat is the -!es(!i-ti+e -e!i&d f&! (lai's f&! all&wa (es a d &the! be efits. 5n cases of nonpayment of allo!ances and other monetary benefits$ if it is established that the benefits being claimed ha%e been !ithheld from the employee for a period longer than three (3) years$ the amount pertaining to the period beyond the three&year prescripti%e period is barred by prescription. 0he amount that can only be demanded by the aggrie%ed employee shall be limited to the amount of the benefits !ithheld !ithin three (3) years before the filing of the complaint.