Case Digest (G.R. No. L-11001)
Facts:
The case of Fortunato V. Borromeo involves the petitioner, Fortunato, who was an associate justice of the Court of Appeals. He retired on December 15, 1949, under the provisions of Act No. 2589, receiving a gratuity amounting to P24,000.00. Subsequently, on August 6, 1954, after the enactment of Republic Act 1057, which amended Act 910, Fortunato applied for retirement benefits under the new provisions. The Government Service Insurance System (GSIS), the respondent, found him entitled to these benefits, which amounted to a lump sum payment of P60,000.00, equivalent to his salary for five years. However, the GSIS deducted the P24,000.00 gratuity that Fortunato had already received from his retirement benefits. In response, Fortunato filed a petition for mandamus in the Court of First Instance of Cebu, seeking to compel the GSIS to pay him the full amount without the deduction. The lower court upheld the legality of the deducti...
Case Digest (G.R. No. L-11001)
Facts:
Retirement Under Act No. 2589:
- On December 15, 1949, Fortunato V. Borromeo, then an associate justice of the Court of Appeals, retired under the provisions of Act No. 2589.
- He received a gratuity totaling P24,000.00.
Application for Retirement Under Republic Act 1057:
- On August 6, 1954, after the enactment of Republic Act 1057 (amending Act No. 910), Borromeo applied for retirement under its provisions.
- The Government Service Insurance System (GSIS) found him entitled to retirement benefits under the amended law.
Entitlement and Deduction:
- Under Section 3 of Republic Act 910, as amended, Borromeo was entitled to a lump sum payment equivalent to his salary for five years, totaling P60,000.00.
- However, GSIS deducted the P24,000.00 gratuity he had previously received under Act No. 2589.
Legal Action:
- Borromeo filed a mandamus action in the Court of First Instance of Cebu to compel GSIS to pay the full P60,000.00 without deduction.
- The trial court upheld the legality of the deduction, prompting Borromeo to appeal.
Issue:
- Whether the gratuity received by Borromeo under Act No. 2589 is deductible from the retirement benefits he is entitled to under Republic Acts 910 and 1057.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)