Case Digest (G.R. No. L-23155)
Facts:
Rufino C. Bartulata v. Hon. Macario Peralta, Jr., et al., G.R. No. L-23155, September 09, 1974, Supreme Court Second Division, Zaldivar, J., writing for the Court.
Petitioner Rufino C. Bartulata (appellant) sought a writ of mandamus in the Court of First Instance of Rizal, Quezon City Branch (Civil Case No. Q-6443) to compel respondents Hon. Macario Peralta, Jr., Secretary of National Defense, and Lt. Gen. Pelagio Cruz, Chief of Staff, Armed Forces of the Philippines, to retire him with the rank of second lieutenant and to pay pension differentials; the trial court dismissed the petition on the ground that Bartulata was neither a recognized guerrilla nor a reserve officer. The dismissal was appealed to the Supreme Court.
The factual background shows Bartulata enlisted in the Philippine Constabulary on January 15, 1924 and rose to sergeant by 1941. Upon the USAFFE surrender order in 1941 he refused to surrender and joined the guerrilla 108th Infantry, 10th Military District in Mindanao. That guerrilla outfit received recognition by the United States Headquarters, Philippine Ryukyus Command (initially recognized February 13, 1943, later made effective as of September 16, 1942). While serving with the guerrillas, Bartulata was promoted to third lieutenant effective November 1, 1942 and to second lieutenant effective April 1, 1943; his name, rank (2nd Lt.) and serial number (O-24220 PA) appear in the Roster of Reserve Officers per General Order No. 358 dated June 28, 1946. After the war he served post-liberation in the Philippine Army as Junior Officer of the 62nd Military Police Command, was paid as a second lieutenant, permitted to wear the uniform of that rank, and was honorably discharged effective January 31, 1947 with the rank of second lieutenant.
In 1956 Bartulata applied for retirement under Republic Act No. 340, as amended; because he had served more than 25 years his application was approved and announced in paragraph 13, Special Order No. 126 of General Headquarters, AFP, dated December 19, 1957, but the retirement was announced as that of a Staff Sergeant effective January 31, 1947. Bartulata repeatedly sought readjustment to second lieutenant; respondents denied relief on the ground that his name did not appear in the approved reconstructed roster of recognized gue...(Subscriber-Only)
Issues:
- Must petitioner first exhaust administrative remedies (specifically, appeal to the Office of the President) before seeking judicial relief against the Secretary of National Defense?
- Was petitioner a recognized guerrilla/reserve officer entitled to retirement at the rank of second lieutenant and the correspondin...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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