This case has been cited 1 times or more.
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2006-07-20 |
CORONA, J. |
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| We agree with petitioner that Benedicto was entitled to backwages only up to the time he reached 65 years old, the compulsory retirement age under the law.[39] When Benedicto was illegally dismissed on October 11, 1994, he was already 64 years old. He turned 65 years old on December 1, 1994[40] at which age he was deemed to have retired. Since backwages are granted on grounds of equity for earnings lost by an employee due to his illegal dismissal,[41] Benedicto was entitled to backwages only for the period he could have worked had he not been illegally dismissed, i.e. from October 11, 1994 to December 1, 1994.[42] | |||||