Title
Philippine Veterans Affairs Office vs. Segundo
Case
G.R. No. 51570
Decision Date
Aug 15, 1988
Brigida Segundo, widow of a WWII veteran, sued PVAO to restore her pension after its cancellation in 1951. The Supreme Court ruled in her favor, applying *Del Mar* and emphasizing veterans' rights, ordering PVAO to reinstate her benefits retroactively.

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)

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