Garcia vs. Chief of Staff, Et Al.

G.R. No. L-20213

January 31, 1966

FACTS:

Plaintiff, Mariano E. Garcia filed with the Court of First Instance of Pangasinan an action to collect a sum of money against the Chief of Staff and Adjutant General of the Armed Forces of the Philippines , the Chairman of the Philippine Veterans Board and /or the Auditor General dated December 1, 1961. Gacia alleged that sometime in July 1948, he suffered injuries while on a military training camp at Floridablanca, Pampanga . Thereafter he filed his claim fo disability benefits and so submitted papers to support it to the Office of the Adjutant General.

May 2, 1957, plaintiff received a letter from the said Adjutant’s Office disqualifying his claim. The Adjutant Office denied his claim of disability benefits alleging that Commonwealth Act 400 had been repealed by R.A. 610 which took effect on Jan. 1 , 1950. That due to the injuries plaintiff suffered he lost his sight making him permanently disabled. That by the unjustified refusal by defendants the latter didn’t enjoyed his supposed disability pension from July 1948.

The Chief of Staff of the Armed Forces of the Philippines and the Philippine Veterans Administration filed motions to dismiss the complaint on grounds that the court has no jurisdiction on the said matter of the complaint. The court on March 2, 1962 rendered an order dismissing the complaint. However, motion for reconsideration of the said order has also been denied.

ISSUE:

Whether or not the court has jurisdiction on the said matter and dismissing the complaint on ground, it being the money claim against the government.

HELD:

The order dismissing the complaint had been affirmed, without pronouncement as to costs. The claim for recovery of money against the government must be filed with the Auditor General, in line with the principle that the State cannot be charged without its content as provided by the Commonwealth Act 327 Sec. 1 that in all cases involving the settlement of accounts and claims other than those of accountable officers, the Auditor General shall act and decide the same within sixty days, exclusive of Sundays and holidays after their presentation.

Also, if all administrative remedies had been made and if superior administrative officers could grant relief it is not necessary to entertain actions against the administrative officers as established by the rule.