Short answer. Yes, if the vacation leave is at least five days and is with pay. Article 95 does not apply to those already enjoying the benefit or enjoying vacation leave with pay of at least five days. The exception is about substance: the paid days have to actually exist.
What the law says
This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days
Labor Code, Article 95 — Service Incentive Leave. Read the full provision →
The point is not to give the same days twice
Service incentive leave is a floor of five paid leave days a year, not a separate species of leave that must sit alongside whatever else the company offers. Where an employer already gives at least five days of paid vacation, the floor has been met and the article stands aside. That is why the exception is phrased in terms of employees already enjoying the benefit herein provided. An employer with a genuine leave scheme is complying with the article rather than escaping it.
Five, paid, and actually available
Each element has to be present. The leave must be with pay, so days off without wages do not count, however many are offered. There must be at least five of them in the year, so a three-day scheme does not displace the statutory entitlement — the shortfall remains due. And they must be leave you can actually enjoy: days that exist in a handbook but are refused whenever applied for, or that expire before anyone in your position could use them, are not being enjoyed in any meaningful sense.
Sick leave and other kinds of leave
The exception names vacation leave. Employers sometimes point instead to sick leave, emergency leave or a general leave pool and argue the total exceeds five days. Whether that satisfies the article depends on what the days really are and how freely they can be taken, since leave that may only be used on proof of illness is not equivalent to leave you may take at your discretion. If this is the argument being made to you, ask for the written policy and read what conditions attach to each type.
What to look at
Get the leave policy in writing and your own leave ledger for the past few years. Compare the days credited, the days applied for, the days actually granted and how any unused balance was treated at year end. The pattern usually answers the question faster than the policy does. If the company scheme falls short of five paid days, the difference is what the article still owes you, and the records showing the shortfall are the same ones you will need to prove it.