Tantuico, Jr. v.

Domingo

Case No. 285 G. R. No. 96422 (February 28, 1994) Chapter IV, Page 176, Footnote No.205

FACTS: The petition questions the withholding of one-half of Petitioners retirement benefits. Petitioner was Chairman of the COA from 1976 to 1986. On December 1985, he applied for and obtained clearance, which covered the period from 1976 to 1985, from all money, property, and other accountabilities in preparation for his retirement. After the EDSA Revolution, he submitted his resignation and sought a second clearance for the period from January 1, 1986 to March 9, 1986. Respondent, who took over as Chairman, created an inventory/audit of all equipment acquired during the tenure of his 2 predecessors. After the committee recommended Petitioners clearance from accountability and after another special audit, Respondent approved Petitioners application for retirement but added that . of the money value of benefits due would be withheld subject to the findings of the audit. ISSUE: W/N Respondent can authorize that half of Petitioners retirement benefits may be withheld. HELD: No. Under Section 4 of RA 1568 providing for life pension to the Auditor General and members of COMELEC, the benefits granted shall not be subject to garnishment, levy or execution. Likewise, under Section 33 of P.D. 1146 (Revised Government Service Insurance Act), the benefits granted shall not be subject, among others, to attachment, garnishment, levy or other processes. Withholding Petitioners benefits is not allowed in this case. Well-settled is the rule that retirement laws are liberally interpreted in favor of the retiree because the intention is to provide for the retirees well-being.