Title
Mabugay-Otamias vs. Republic
Case
G.R. No. 189516
Decision Date
Jun 8, 2016
Edna sought support from her ex-husband's pension via a Deed of Assignment. Courts upheld her claim, prioritizing family support over pension exemption.

Case Digest (G.R. No. 224936)
Expanded Legal Reasoning Model

Facts:

  • Parties and Marriage
  • Edna Mabugay-Otamias (wife) and Col. Francisco B. Otamias (retired AFP officer) were married on June 16, 1978 and had five children.
  • They separated in September 2000; the children remained with Edna.
  • Agreement on Support
  • August 2002 – Edna filed a Complaint-Affidavit before the AFP Provost Marshal demanding 75% of Colonel Otamias’s retirement benefits as support.
  • Colonel Otamias executed an affidavit offering 50% of his retirement benefits, and on February 26, 2003 executed a Deed of Assignment waiving 50% of his pension in favor of Edna and their five children.
  • Retirement and Initial Compliance
  • Colonel Otamias retired on April 1, 2003.
  • The AFP Pension and Gratuity Management Center (PGMC) honored the Deed of Assignment until January 6, 2006, when it refused further payments without a court order.
  • Litigation History
  • April 2006 – Edna, et al. filed a support case (RTC Cagayan de Oro F.C. Civ. No. 2006-039). Colonel Otamias was declared in default.
  • February 27, 2007 – RTC Decision ordered automatic deduction of 50% of Colonel Otamias’s monthly pension for support and arrears.
  • April 10, 2008 – RTC issued a writ of execution; the AFP Finance Center’s Motion to Quash was denied.
  • Court of Appeals (CA) granted a petition for certiorari and prohibition, nullifying the RTC’s automatic deduction order.
  • November 11, 2009 – Edna, et al. filed a Petition for Review on Certiorari before the Supreme Court.

Issues:

  • Enforcement Mechanism
  • Whether the AFP Finance Center can be directed to automatically deduct the support amounts from Colonel Otamias’s pension.
  • Execution of Pension Benefits
  • Whether Colonel Otamias’s pension benefits, generally exempt under PD 1638, Sec. 31, can be subjected to execution for spousal and child support.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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