Barnuevo, Catherine Dawn M.

Board of Administrators of the PVA vs Bautista, G.R. No. L37867, 22 February

1982

FACTS:
Calixto V. Gasilao, pauper litigant and petitioner, was a veteran in good standing
during World War II. The Philippine Veterans Administration, formerly the Philippine
Veterans Board, (now Philippine Veterans Affairs Office) is an agency of the
Government charged with the administration of different laws giving various benefits in
favor of veterans and their orphans/or widows and parents. On July 23, 1955 petitioner
filed a claim for disability pension under Section 9 of RA 65, with the Philippine Veterans
Board alleging that he was suffering from PTB, which he incurred in line of duty, but
failed to complete his supporting documents as evidence to establish his service
connected illness, it resulted to the disapproval of the Board on December 18, 1955.
Petitioner was able to complete the supporting documents on August 8, 1968. After due
investigation and processing, the Board of Administrators found out that his disability
was 100% thus he was awarded the full benefits of section 9 of RA 65. On June 22,
1969, RA 5753 was approved providing for an increase in the basic pension to P200.00
a month and the additional pension, to P30.00 a month for the wife and each of the
unmarried minor children. Petitioner's monthly pension was, however, increased only on
January 15, 1971, and by 25% of the increases provided by law, due to the fact that it
was only on said date that funds were released for the purpose, and the amount so
released was only sufficient to pay only 25% of the increase. On January 15, 1972,
more funds were released to implement fully RA 5753 and snow payment in full of the
benefits thereunder from said date. In 1973, Gasilao filed an action against the Board to
recover the pension, which he claims he is entitled to, from July 1955, when he first
filed his application for pension, up to 1968 when his pension was finally approved.
However, the Board contends that based on Section 15 of R.A. No. 65 since the section
impliedly requires that the application filed should first be approved by the Board of
Administrators before the claimant could receive his pension, therefore, an award of
pension benefits should commence from the date of approval of the application.

ISSUE:
Whether or not Calixto Gasilao is entitled to his pension claim from 1955 to 1968.

RULING:
Yes, the petitioner, Calixto Gasilao is entitled to his pension claim from 1955 to
1968. The Supreme Court modified the judgement and ordered the Philippine Veterans
Administration to make pension effective December 18, 1955 to August 7, 1968. The
statute should be construed in favor of the veteran who is entitled to its benefits &
privileges. The Veterans Pension Law’s purpose is to compensate a class of men who
fought for the country and suffered in the line of duty. It is the government’s
expression of gratitude and recognition to those who rendered their service for the
country.