G.R. No.

L-37867 February 22, 1982

BOARD OF ADMINISTRATORS, PHILIPPINES VETERANS ADMINISTRATION, petitioner,

vs.

HON. JOSE G. BAUTISTA, in his capacity as Presiding Judge of the CFI Manila, Branch III, and CALIXTO
V. GASILAO, respondents.

FACTS:

- Calixto V. Gasilao was a veteran in good standing during the last World War that took active
participation in the liberation drive against the enemy, and due to his military service, he
was rendered disabled.
- On July 23, 1955, petitioner filed a claim (Claim No. Dis-12336) for disability pension under
Section 9 of RA 65, with the Philippine Veterans Board, alleging that he was suffering from
PTB (Pulmonary Tuberculosis), which he incurred in line of duty.
- Due to petitioner's failure to complete his supporting papers and submit evidence to
establish his service connected illness, his claim was disapproved by the Board of
Administrators Philippine Veterans Board on December 18, 1955.
- In 1968, after 13 years, petitioner was able to complete his supporting papers and, 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.
- Calixto V. Gasilao requested from the petitioners that his claim be made retroactive from
the time his original claim was disapproved. But the Board of Administrators, Philippines
Veterans Administration did not act on his request.
- Calixto V. Gasilao claims that he was deprived of his right to the pension from the time his
claim was disapproved until the time of reconsideration. He filed a petition before the lower
court and was granted.
- The petitioners through the Solicitor General challenged the decision of the lower court.

ISSUE:

Whether or not Gasilao pension benefits shall start from the year he filed his first application
(1955).

RULING:

Yes. Taking September 25, 1946 as the point of reference, the original claim of the respondent
was within 10 years (July 23, 1955), as prescribed by law. Pension / veteran statutes shall be construed
liberally in favor of the pensioners / veterans. Veterans and pension laws are enacted to compensate a
class of men who suffered in the service for the hardships they endured and the dangers they
encountered in the line of duty. They are expression of gratitude to and recognition of those who
rendered service to the country.

WHEREFORE, premises considered, the Board of Administrators of the Philippine Veterans

Administration (now the Philippine Veterans Affairs Office) is hereby ordered to make Gasilao's pension
effective December 18, 1955 at the rate of P50-00 per month plus P10.00 per month for each of his
unmarried minor children below 18, and the former amount increased to P100.00 from June 22, 1957 to
August 7, 1968.

The differentials in pension to which said Gasilao, his wife and his unmarried minor children
below 18 are entitled for the period from June 22, 1969 to January 14, 1972 by virtue of Republic Act
No. 5753 are hereby declared subject to the availability of Government funds appropriated for the
purpose.

SO ORDERED.
R.A. No. 65, Section 1.

Officers and enlisted men in good standing of the Philippine Army and of recognized or
deserving guerrilla organizations who took active participation in the resistance movement, and/or in
the liberation drive against the enemy, who, in civilian life, were actually occupying appointive positions
in any office, instrumentality, branch or agency of the Commonwealth Government, or in any
government-owned or subsidized corporation, and who, upon being inactivated or mustered out of the
armed forces, desire to resume their old positions or employments, are hereby granted the right to do
so, and, upon proper application, shall be recalled to their respective pre-war positions or employments,
unless they have committed any act which under existing laws would disqualify them from further
holding public office. For the purpose herein set forth, it shall be the duty of the official who is by law
authorized to recall and/or make the appointment of officials and employees above mentioned to hold
open the positions and employments referred to in this section until six months after the approval of
this Act: Provided, however, That if any such positions had already been filed with the appointment of
any person other than the veteran, the said position is automatically declared vacant and open upon the
application of the veteran.

R.A. No. 65, Section 2.

Officers and enlisted men in good standing of the Philippine Army, and of any recognized or
deserving guerrilla organization whom took active participation in the resistance movement and/or in
the liberation drive against the enemy who desire to study, shall upon certification of the Chairman of
the Philippine Veterans Board, be admitted to any school, college, university, or institute free from
tuition or matriculation fees or other school fees: Provided, however, That no private school, college,
university, or institute can be compelled to accept any number which exceeds twenty per centum of its
entire enrollment.