CESAR BENGZON, QUERUBE MAKALINTAL, LINO M. PATAJO, JOSE LEUTERIO, ET AL., vs. HON. FRANKLIN N. DRILON, in his capacity as Executive Secretary, HON. GUILLERMO CARAGUE, in his capacity as Secretary of Department of Budget and Management, and HON. ROSALINA CAJUCOM, in her capacity as National…
- G.R. Number: G.R. No. 103524
- Promulgated: 1992-04-15
- Ponente: Gutierrez, Jr., J.
Doctrine
Retirement laws should be interpreted liberally in favor of the retiree to secure sustenance and comfort after public service.
When a decree (PD 644) was not validly published and thus did not become law, it cannot repeal an existing statute (RA 1797); retirees retain vested rights under laws still in effect.
The Supreme Court's role is to interpret and declare what the law is; it does not enact laws.
Facts
Petition challenges constitutionality of the President's veto of certain provisions in the General Appropriations Act, 1992, affecting adjusted pensions of retired Supreme Court and Court of Appeals Justices.
Petitioners are retired Justices receiving pensions under RA 910 as amended by RA 1797 and sue on their own behalf and for similarly situated retired Justices.
Congress included appropriations in the 1992 General Appropriations Bill to pay adjusted pension rates to retired Justices.
The Court previously held PD 644 never became law because it was not validly published; thus RA 1797 remains effective and entitles certain requesting Justices to upgraded pensions.
Issues
Whether the President's veto of provisions in the 1992 Appropriations Act relating to adjusted pensions of retired Supreme Court and Court of Appeals Justices is constitutional.
Ruling
The petition is GRANTED; the presidential veto is set aside as illegal and unconstitutional, the vetoed provisions of the 1992 Appropriations Act are declared valid and subsisting, and respondents ordered to release the appropriated funds for the subject pensions.
Individual requests of retired Justices Manuel P. Barcelona, Juan P. Enriquez, Juan O. Reyes and Guardson Lood are granted: their monthly pensions are authorized to be adjusted and paid under RA 1797 effective 1 January 1991, with prior-year differentials payable when funds are available.
Keywords
G.R. No. 103524, Republic Act No. 910, Republic Act No. 1797, Presidential Decree 578, Presidential Decree 644, Presidential Decree 1638, Presidential Decree 1909, House Bill No. 16297, Senate Bill No. 740, Republic Act No. 6758, Compensation and Position Classification Act of 1989, Administrative Matter No. 91-8-225-CA, Tañada v. Tuvera, veto power of the President, constitutionality of veto, retirement pensions of Justices, automatic readjustment of pensions, General Appropriations Act, Article 1191 Civil Code, RA 9262