G.R. No. 190809

De La Salle Araneta University vs Juanito Bernardo

G.R. No. 190809

Facts:

Bernardo has been a part-time employee of the DLS-AU. At the age of 65, the age of retirement, Bernardo was granted another term of employment. Bernardo's contract with the university only ceased when he reached the age of 75, the compulsory retirement age. He asserts his right to claim his retirement benefits.

Issue:

Whether or not Bernardo is entitled to the retirement benefits.

Held:

Bernardo is entitled to the retirement benefits. According to Article 302 of the Labor Code, as amended by RA No 7641, any employee may be retired upon reaching the retirement age and that he shall be entitled to receive retirement benefits under the existing laws. Further, according to section 1 of Book VI Rule 2 of the Rules Implementing the Labor Code, the same rule shall apply to all employees in the private sector, regardless of their position, designation or status and irrespective of the method by which their wages are paid, except to those specifically exempted under Section 2 hereof. The exemptions do not cover the part-time employees.

Applying the principle of expressio unio est expulsio alterius which is that the express mention of one person, thing, or consequence implies the exclusion of all others, Bernardo's claim for retirement benefits cannot be denied on the ground that he was a part-time employee.