Case Digest (G.R. No. L-7065)
Facts:
- Teofila S. Tibon, widow of Sergeant Catalino Tibon, filed a claim for compensation for her husband's death in the line of duty.
- The Auditor General dismissed her claim, stating that the law providing compensation only applies to members of the police force in municipalities, not chartered cities.
Issue:
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Ruling:
- The court ruled in favor of the Auditor General and affirmed the dismissal of Mrs. Tibon...(Unlock)
Ratio:
- The court based its decision on the language and intent of the law on compensation for death in the line of duty.
- The law specifically uses the word "municipality" in its title, section 1, and section 3, without any mention of cities or chartered cities.
- The court reasoned that the reason for extending the provisions of the law to municipalities alone is due to their poor financial condition, which is not true for chartered cities.
- Chartered cities have expanded sources of income and better financial conditions, allowing them to raise funds for the improvement and advancement of the city.
- Therefore, the legislature did not find it necessary to extend the same help to chartered cities as it does to municipalities.
- T...continue reading
Case Digest (G.R. No. L-7065)
Facts:
The case of Tibon v. Auditor General involves the petitioner, Teofila S. Tibon, who appealed the decision of the Auditor General dismissing her claim for compensation for the death of her husband, Sergeant Catalino Tibon. Sergeant Tibon was a member of the Cebu City police department and died on February 26, 1953, while on duty when the police wagon he was riding in turned over. The petitioner argued that Republic Act No. 784, which grants compensation to the heirs of members of municipal police forces and fire departments who die in the line of duty, should also apply to members of the police force in chartered cities.
Issue:
The main issue raised in the case is whether or not the provisions of Republic Act No. 784, which grants compensation to the heirs of members of municipal police forces and fire departments who die in the line of duty, apply to members of the police and fire departments of chartered cities.
Ruling:
The court ruled that the provisions of Republic Act No. 784 do not apply to members of the police and fire departments of chartered cit...