GARCIA VS.

CHIEF OF STAFF

This is an appeal from an order of dismissal.

Facts: It appears that on December 1, 1961, the plaintiff-appellant, 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 the Adjutant General of the Armed Forces of the Philippines, the Chairman of the
Philippine Veterans Board and or the Auditor General. According to the complainant, sometime
in July 1948, the plaintiff suffered injuries while undergoing the 10-month military training at
Camp Floridablanca, Pampanga. Sometime thereafter he filed his claim under Commonwealth
Act 400 and in April 1957, he submitted some papers in support of his claim to the Adjutant
General's Office upon the latter's request. Then on May 2, 1957, he received a letter from the
said Adjutant General's Office rejecting his claim for disability benefits. Then on November 24,
1958, after further demands of the plaintiff, the Adjutant General's Office denied the said claim
because according to latter the Commonwealth Act 400 had already been repealed by Republic
Act 610 which took effect on January 1, 1950. According to the plaintiff, he was deprived of his
sight or vision rendering him permanently disabled because of the injuries he sustained; and that
by reason of the unjustified refusal by defendants of plaintiff's claim, the latter was deprived of
his disability pension.

The Philippine Veterans Administration and the Chief of Staff of the Armed Forces filed
separate motions to dismiss the complaint on the grounds that the court has no jurisdiction over
the subject matter of the complaint.

Acting on the said motion, the court, on March 2, 1962, rendered an order dismissing the
complaint on the ground that the action has prescribed.

Motion for reconsideration of the said order having been denied, the plaintiff has interposed this
appeal.

Issue: Whether or not the Court of First Instance had jurisdiction over the subject matter, it being
a money claim against the government.

Decision: The court affirmed the lower court’s decision on dismissing the complaint for the
simple reason that the Court of First Instance had no jurisdiction over the subject matter, it being
a money claim against the government. If there is a money claim against the government should
be filed with the Auditor General. Plus, under the doctrine of state immunity, the state cannot be
sued without its consent.