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Question I
I. Narciso filed a complaint against Norte University for the payment of retirement benefits after having been a part-time professional lecturer in the same school since 1974. Narciso taught for two semesters and a summer term for the school year 1974-1975, took a leave of absence from 1975 to 1977, and resumed teaching until 2003. Since then, his contract has been renewed at the start of every semester and summer, until November 2005 when he was told that he could no longer teach because he was already 75 years old. Norte University also denied Narciso's claim for retirement benefits stating that only full-time permanent faculty, who have served for at least five years immediately preceding the termination of their employment, can avail themselves of post-employment benefits. As part-time faculty member, Narciso did not acquire permanent employment status under the Manual of Regulations for Private Schools, in relation to the Labor Code, regardless of his length of service.
(a)(a) Is Narciso entitled to retirement benefits? (2.5%)
(b)(b) If he is entitled to retirement benefits, how should retirement pay be computed in the absence of any contract between him and Norte University providing for such benefits? (2.5%)
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