Title
Alimon vs. Chief of Constabulary
Case
G.R. No. 40913
Decision Date
Aug 30, 1934
A retired Philippine Constabulary sergeant, convicted of robbery, had his pension suspended. Pardoned and over 55, he successfully sued to reinstate his pension.
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Case Digest (G.R. No. 40913)

Facts:

  1. Service and Retirement:

    • Eugenio Alimon served as a member of the Philippine Constabulary from September 12, 1901, without interruption until January 21, 1922.
    • He was retired with the rank of sergeant under Section 874 of the Administrative Code.
    • From his retirement until January 31, 1925, he received a monthly pension of P28.30 from the pension and retirement fund of the Philippine Constabulary.
  2. Conviction and Suspension of Pension:

    • On January 24, 1925, Alimon was convicted of robbery committed on June 22, 1923, and sentenced to three years, eight months, and one day of presidio mayor, along with the accessories prescribed in Article 57 of the Penal Code.
    • Due to this conviction, the Chief of Constabulary, with the approval of the Governor-General, removed Alimon from the roll of retired Constabulary soldiers effective February 1, 1925, and suspended his monthly pension from that date.
  3. Pardon and Age Exemption:

    • Alimon was born on November 15, 1868, making him over 55 years old at the time of his conviction.
    • He was not recalled to active service during his sentence, which he served partially before being pardoned by the Governor-General.
    • Act No. 3157, which amended Section 874 of the Administrative Code, exempted individuals over 55 from the duty of joining active service.
  4. Legal Proceedings:

    • Alimon filed a writ of mandamus to compel the Chief of Constabulary to pay his monthly pension from February 1, 1925.
    • The trial court ruled in favor of Alimon, ordering the payment of his pension from February 1, 1925, until his demise.

Issue:

  1. First Assignment of Error:

    • Whether Alimon’s conviction for robbery terminated his right to receive a pension from the Philippine Constabulary pension fund.
  2. Second Assignment of Error:

    • Whether the trial court erred in ordering the Chief of Constabulary to pay Alimon’s pension from February 1, 1925, until his death.
  3. Third Assignment of Error:

    • Whether the trial court erred in denying the defendant’s motion for a new trial.
  4. Additional Issue:

    • Whether the Governor-General’s discretion as Commander in Chief and General Supervisor of the Philippine Constabulary was improperly invaded by the trial court’s decision.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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