Case Digest (G.R. No. 101127-31)
Facts:
This case involves Brigida V. Segundo, the widow of Feliciano Segundo, a World War II veteran. After her husband’s death, Brigida applied for pension benefits from the Philippine Veterans Affairs Office (formerly the Philippine Veterans Board). Her application was approved effective April 1947, granting her a monthly pension for life, conditional upon her remaining unmarried and not receiving similar benefits from the United States Government. However, in November 1951, the Philippine Veterans Affairs Office canceled her pension upon discovering that she was receiving similar benefits from the U.S. Veterans Administration, based on a standing policy prohibiting double benefits. On June 27, 1973, the Supreme Court declared this policy null and void in the case of Del Mar vs. Philippine Veterans Administration (51 SCRA 340). Despite this, the Philippine Veterans Affairs Office refused to reinstate Brigida’s pension. She filed a petition for mandamus to compel the restoration of h
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Case Digest (G.R. No. 101127-31)
Facts:
- Parties and Background
- Petitioner is Brigida V. Segundo, widow of Feliciano Segundo, a World War II veteran, who remained unremarried after her husband’s death.
- She applied for and was granted a monthly lifetime pension by the Philippine Veterans Board (the respondent) starting April 1947, conditioned on her remaining unremarried and not receiving similar benefits from the U.S. Government.
- Cancellation of Pension Benefits
- In November 1951, the respondent canceled her pension because she received a similar benefit from the U.S. Veterans Administration, invoking a standing policy prohibiting dual receipt of similar pensions.
- On June 27, 1973, the Supreme Court declared this policy null and void in the case of Del Mar vs. Philippine Veterans Administration, effectively invalidating the cancellation practice.
- Despite the ruling, the respondent refused to reinstate petitioner’s pension.
- Judicial Proceedings
- On September 29, 1975, the trial court ordered the restoration of petitioner’s pension retroactive to November 1951, pursuant to Republic Act No. 65 and its amendments, subject to available funds.
- On appeal, the petitioner raised three main errors regarding prescription, applicability of Del Mar, and lack of cause of action due to failure to demand restoration or prior refusal by respondent.
Issues:
- Whether the petitioner’s claim to compel restoration of her monthly pension benefits, effective from the date of cancellation in November 1951, had prescribed or not.
- Whether the Supreme Court’s decision in Del Mar vs. Philippine Veterans Administration is applicable to the petitioner’s case.
- Whether the petition for mandamus should be dismissed for lack of cause of action due to absence of a prior demand for restoration or refusal by the respondent, and on the basis of the ruling in Board of Administration, Philippine Veterans Administration vs. Agcaoili.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)