Dear Atty. Kathy,

I have an ongoing labor case against my former employer, Company S. Unfortunately, I forgot to argue in my pleadings that I am entitled to my 13th month pay for this year, but I did mark in my complaint non-payment of 13th month pay as one of my grounds for the case. I also mentioned in my position paper that I received the 13th month pay for last year, since it is in my payslips that I attached as proof. Will I still be able to get my 13th month pay for this year even if I did not ask for it specifically and it is not included in my prayer?

Gabriel

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Dear Gabriel,

No. 6 of the Revised Guidelines on the implementation of the 13th Month Pay Law (Presidential Decree No. 851) dated 18 November 1987 provides that an employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is likewise entitled to 13th month pay in proportion to the length of time he worked during the year.

Based solely on your narration, it appears that you received your 13th month pay for last year. Subject to evidence to the contrary, it also appears that your 13th month pay for this year was not paid. You missed, however, to specifically pray for said 13th month pay, but such claim is indicated in your complaint.

In this connection, the Supreme Court has ruled that it is for the granting of the relief an employee is entitled to under the law, although he/she failed to specifically pray for the same. In the interest of justice, the Supreme Court has deemed it proper to order payment the proportionate 13th month pay in such case.

Thus, subject to supervening circumstances, you may still be entitled to receive your proportionate 13th month pay for this year.

(John Kriska Logistics, Inc., et al. versus Elizardo T. Mendoza, G.R. No. 250288, 30 January 2023)

Atty. Kathy Larios