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Jose T. Capili vs. Nlrc, et al.

JOSE T. CAPILI, petitioner vs. NATIONAL LABOR RELATIONS COMMISSION, and UNIVERSITY OF MINDANAO, respondents.

G.R. No. 120802 | 1997-06-17

D E C I S I O N

DAVIDE, JR., J:

The pivotal issue in this petition is whether an instructor of a private educational institution may be compelled to retire at the age of sixty years. A corollary issue is whether his subsequent acceptance of retirement benefits would estop him from pursuing his complaint questioning the validity of his forced retirement.

Petitioner Jose T. Capili, Jr., was employed by private respondent University of Mindanao (hereafter, UM) as a college instructor in November 1982. On 2 July I 993, the private respondent informed the petitioner that under the law and UM's retirement program he would be eligible for...