DLSU - ARANETA v. BERNARDO

De La Salle University - Araneta Vs. Juanito C. Bernardo

G.R. No. 190809

February 13, 2017

Facts:

The case was about the denial of the retirement benefits of an employee by its employer. Bernardo was a part-time lecturer for DLSU. He has been an employee of DLSU from 1974 up to 2003. On the year 2003, Bernardo received a letter from DLSU that his services is no longer required. Bernardo being a 75 years old teacher, did not protest the decision of DLSU not to re hire him. Bernardo, later, then asked his employer for his retirement benefits, which the latter then refused to pay and allege that Bernardo is only a part time employee and is not allowed to avail the retirement benefits agreed by the labor union, and that; he’s action has already prescribe, stating that he should have filed for his claim 3 years after he turned 65 years old. Aggrieved, Bernardo filed a claim against DLSU.

Issue:

1. WON the agreement of their labor union and the employer shall prevail.
2. WON the prescription shall run against Bernardo when he turned 65.

Held:

1. No. provisions of the CBA can be respected as long as it is not contrary to law. Hence, a part time worker is not one of those who are exempted from receiving a retirement benefit. 
2. No. The prescription should run after his last day at work. Even though the compulsory retirement age is 65, the mutual consent of each party to work for and to allow to work the other will still be respected. Hence the prescription should run after the last day of work.