Del Mar v. Philippine Veterans Administration
G.R. No. L-27299
June 27, 1973
Facts:
Quirico del Mar served as chief judge advocate of the Cebu Area Command during World War II as a major. He obtained an honorable discharge from the service on October 20, 1946 on a certificate of permanent total physical disability. The Philippine Veterans Board (PVA’s predecessor) granted him a monthly life pension of Php50 effective January 28, 1947. In March 1950, however, the said Board discontinued payment of his pension. This was because del Mar is receiving a similar pension from the United States Government through the US Veterans Administration because he served in the US Army in the Far East during WWII. The discontinuation of the pension was based on Section 9 of RA 65, which states
“The persons mentioned in sections one and two hereof who are permanently incapacitated from work owing to sickness, disease, or injuries sustained in line of duty, shall be given a life pension of one hundred pesos a month, and ten pesos a month for each of his unmarried children below 18 years of age, unless they are actually receiving a similar pension from other Government funds, and shall receive, in addition, the necessary hospitalization and medical care.”
This provision was reflected in the PVA’s Rules and Regulations on Veterans’ Benefits, specifically on Section 6 of Regulation No. 2, to wit,
“SEC. 6. Effect of receipt of USVA pension benefit — termination, reduction. — An award of a similar disability compensation from the US Veterans Administration shall be a ground for the cancellation of a disability pension granted under this Regulation: Provided, however, That if and while the disability compensation awarded by the US Veterans Administration is less than the pension granted hereunder, the difference in amount shall be assumed and paid by the PVA: Provided, further, That upon proper application, the disability award previously cancelled may be restored upon the termination of the US Veterans Administration award if the cause of such termination is due to negative military service report of the pensioner certified by the US Department of the Army and not for any other valid cause: Provided, finally, That the veteran is medically determined to be still suffering from the disability for which he was previously awarded a pension. Payment of pension thus restored shall take effect or shall commence only from the date of approval of restoration and when funds become available.”
PVA construes “from other Government funds” to include funds of the United States.
Issue:
May the PVA be sued?
Ruling:
Yes. The Court made a lengthy disquisition on the history, development, and organization of the PVA to show that it is an entity or agency of the Republic of the Philippines. However, even if it is a government entity, the PVA could not validly invoke the State immunity from suit since in this case, the claimant institutes an action against a functionary who fails to comply with his statutory duty to release the amount claimed from the public funds already appropriated by statute for the benefit of the said claimant.
It's a Ping Thing 