BOARD OF ADMINISTRATORS OF PVA V BAUTISTA G.R. No. L-37867

BOARD OF ADMINISTRATORS OF PVA V BAUTISTA

 

G.R. No. L-37867

Facts:

In 1955, private respondent Gasilao, a war veteran during the World War II, filed a claim for disability before the public petitioners under Section 9 of RA 65. The claim was denied. Meanwhile, the said act was amended by RA 1362, including now benefits for the pensioner’s unmarried children below 18 years. Another amendment was made in 1957, increasing the life pension of the veteran but retaining the same benefits for his children.

In 1968, after 12 years following the disapproved claim, it was reconsidered and the claim was finally approved. The respondent, thereafter, requested from the petitioners that his claim be made retroactive from the time his original claim was disapproved. The petitioners did not act on his request. Private respondent claims that he was deprived of his right to the pension from the time his claim was disapproved until the time of reconsideration. He filed a petition before the lower court and was granted.

The petitioners through the Solicitor General challenged the decision of the lower court. Hence, this petition.

 

Issue:  Whether or not the claim for pension works in the retroactive.

 

Held:

 

Yes. Taking September 25, 1946 as the point of reference, the original claim of the respondent was within 10 years, as prescribed by law. It would be more in consonance with the spirit and intention of the law that the benefits therein granted be received and enjoyed at the earliest possible time by according retroactive effect to the grant of the pension award. If the pension awards are made effective only upon approval of the corresponding application which would be dependent on the discretion of the Board of Administrators which as noted above had been abused through inaction extending to nine years, even to twelve years, the noble and humanitarian purposes for which the law had enacted could easily be thwarted or defeated.