Case Digest (G.R. No. L-11001)
Facts:
Fortunato v. Borromeo, G.R. No. L-11001. November 23, 1960, the Supreme Court En Banc, Dizon, J., writing for the Court. Petitioner Fortunato, formerly an Associate Justice of the Court of Appeals, retired on December 15, 1949 under Act No. 2589 and received a gratuity totaling P24,000.00. After the enactment of Republic Act No. 910, later amended by Republic Act No. 1057, petitioner applied on August 6, 1954 for benefits under those statutes; the Government Service Insurance System (GSIS), respondent, found him entitled to a lump-sum retirement benefit.Under Section 3 of Republic Act No. 910, as amended, petitioner’s entitlement amounted to a lump sum equal to five years’ salary (P60,000.00), from which the GSIS deducted the P24,000.00 gratuity already paid under Act No. 2589. Petitioner filed an action for mandamus in the Court of First Instance of Cebu seeking to compel GSIS to pay the full amount without the deduction. The trial court sustained the legality of GSIS’s deduction. Petitioner appealed to the Supreme Co...(Subscriber-Only)
Issues:
- Is the gratuity petitioner received under Act No. 2589 deductible from the retirement benefits later granted under Republic Acts Nos. 910 and 1057...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)