Garcia v. Chief of Staff

Garcia v. Chief of Staff

G.R. No. L-20213 January 31, 1966

Regala, J.

Facts:

                The plaintiff-appellant, Mariano E. Garcia filed 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. The complaint alleged: that sometime in July, 1948, the plaintiff suffered injuries while undergoing the 10-month military training at Camp Floridablanca, Pampanga; that 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; that on May 2, 1957, he received a letter from the said Adjutant General’s Office disallowing his claim for disability benefits; that on November 24, 1958, after further demands of the plaintiff, the Adjutant General’s Office denied the said claim, alleging that Commonwealth Act 400 had already been repealed by Republic Act 610 which took effect on January 1, 1950; that by reason of the injuries suffered by plaintiff he was deprived of his sight or vision rendering him permanently disabled; and that by reason of the unjustified refusal by defendants of plaintiff’s claim, the latter was deprived of his disability pension from July, 1948 totalling no less than P4,000 at the rate of P20 a month and suffered thereby moral damages and attorney’s fees the amount of P2,000.00.

Issue:

                whether the claim for recovery of money against the government should be filed with the Auditor General, in line with the principle that the State cannot be sued without its consent

Held:

                Yes. Commonwealth Act 327 provides:

SECTION 1. In all cases involving the settlement of accounts or 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. . . .

SEC. 2. The party aggrieved by the final decision of the Auditor General in the settlement of an account or claim may, within thirty days from receipt of the decision, take an appeal in writing:

x x x           x x x           x x x.

(c) To the Supreme Court of the Philippines, if the appellant is a private person or entity.