DECISION
BRIONES, M. :
Versa this file on the application submitted originariarnente before this Court by Balbina Mendoza, recurrent, in
which the requests that, under the jurisdiction and powers conferred on us by rule 45 of the Rules of the ibunales Tl,
let's review the opinion issued by the Paciano office resorted Dizon, in his concept of Auditor General in the matter of
gratification or gratuity of the late John M. Cuevas, legitimate son of recurrent. Facts and key points of the case are
as follows:
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Fulfilling its office of Auditor of the province of Ilocos Sur, Juan M. Cuevas died in Vigan, capital of the province, on
November 3, 1945. At the outbreak of War on December 8, 1941, was on active duty as such Auditor. In 1932 he
married Cuevas Cocadiz Florence. This marriage definitely stay dissolved March 21, 1944 under a firm divorce decree
issued by the Court of First Instance of gatangas on that date. There was no offspring. It is undisputed that Balbina
Mendoza, the appellant, is the next most relative of the deceased and, therefore, entitled to inherit, with exclusion of
brothers and nephews that he himself left. On 7 December 1945 the President of the Commonwealth of Philippines
issued your Administrative Order No.27 in which under certain conditions the payment of gratuities to officers and
employees of the national government that had been in active service on December 8, 1941 were available, whether
or not called to take back to their positions after release. This Administrative Order by the President "was issued
under the authority conferred by my existing law (it alludes to the emergency powers) and to carry out the
recommendations of the Joint Committee established under Resolution No. 5 of Congress Philippines adopted on July
28, 1945. "
Before December 7, ie the 4th of that month, since the appellant had sent a request to the Auditor
General, accompanied by the relevant documents that supported it, exposing the ciicunstancia its relationship with
the late John M. Cuevas and ulla relationship relict this property, including certain amounts of money with the
Government, the Philippine National Bank and Postal Savings Bank, and consequently asking "that the designate as
the missus more next to enable it to receive without delay any amount that was due to her dead son.... "
Cocadiz
Florence, the divorced wife has no company officially peared before the Auditor General, nor has presented any
instance. The Xpediente shows that initially the Auditor General Delegate raised the matter in consultation with the
Department of Justice seeking to obtain an opinion, among other things, whether "the divorced wife mentioned here
has any right to gratification or gratuity to which the deceased husband or intestate is acreedo And Administrative
Order No. 27 dated December 7, 1945, whereas this sratlvity is equivalent to its suel two corresponding to ios
months of January and February, 1942. "The Department of Justice refused to issue the requested review, among
other reasons because the request concerns a hypothetical case, considering that there was no conflict of claims, as
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the wife divociada was not complaining, not HAVlNG instance more than that presented by Balbina Mendoza, Mother
survivor. Later - March 12, 1946 - the Auditor General Delegate, evidently making use of the power under Article 262
of the Administrative Code, resolved on your Balbina instance Mendoza, dictating the following error:
"Memorandum for Auditor Pedro Rivera "Central office "As the gratuity of the late John M. Cuevas under
Administrative Order No. 27, dated December July 1945, Corresponds to His salary for the months of January and
February, 1942 , During Which His marriage in 1932 Cocadiz With Florence was not yet Dissolved, the decree of
Their divorce Having Been issued by the Court of First Instance of Batangas only on March 21, 1944, the gratuity
Said Should be Deemed to be a part of Their conjugal estate. Only one half thereof may, THEREFORE be paid to
surviving His mother, the claimant HEREIN, lowest Hereby is designated as His next of kin, the other half Being
payable to His divorced wife as her share.
jgc:
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