Silliman University vs.

Fontelo-Paalan 525 SCRA 759 FACTS: Respondent was employed by the petitioner and was assigned to the Medical Records Section of the Silliman University Medical Center. She was later promoted as the Head, the position she held until her retirement at the age of 57 pursuant to the provisions of the petitioners retirement plan. Accordingly, respondent received her retirement benefits. Three years after, respondent filed with the NLRC a complaint for illegal dismissal against petitioner on the ground that said provision violates her constitutional right of security of tenure and is contrary to the compulsory retirement age of 65.Petitioner was found guilty of illegal dismissal by the Labor Arbiter. On appeal, NLRC reversed the ruling of the LA and upheld the validity of the retirement plan. Respondent filed a Motion for Reconsideration but was denied but modified its decision by adjudging the petitioner liable for additional retirement benefits. Respondent then appealed before the CA, which affirmed the modified decision of the NLRC. Respondent opted to accept the adverse judgment. Petitioner, on the other hand, filed a Petition for Review on Certiorari in reference to its liability. HELD: Petition denied. This Court is already without jurisdiction to take cognizance of the present Petition. By the petitioner and respondents inaction and presumed acquiescence, respectively, the findings of the NLRC and the CA, attained finality and thus, became final and executory not having been timely appealed.