You are on page 1of 3

March 29, 2012 To: BGEN RICHARD C SIA-AN AFP Chief AFP Pension and Gratuity Management Center

(AFPPGMC) Camp Aguinaldo, Quezon City

Thru: CAPT AIDA E BARWEL (AGS) PA Legal Staff Office AFPPGMC

Greetings:

Comes now the undersigned appellant Rosalie S. Deus, unto this Honorable Office, by herself, most respectfully alleges:

1. This pertains with the application of transfer of pension/claims of the herein appellant which is currently on hold due to the existence of subsequent marriage that was contracted by her late husband, Loreto N Deus, in the person of Leticia M Deus which was also the one who appears as the legal beneficiary of the said decedent;

2. That the said marriage was secured through nefarious filing of her late husband a Petition for Declaration of Absent or Presumptive Death of missing spouse;

3. Thus, this Honorable Office is requiring the herein appellant to first secure a judicial revocation of the second marriage contracted by her late husband before the approval of her claims and/or file a judicial revocation of the decision rendered by RTC of Tarlac City;

4. With due courtesy before this Honorable Office, herein Appellant respectfully submits that there are compelling reasons that there is no need for the appellant to seek judicial determination for the approval of her claims over the pension and accrued claims of her late husband;

5. In the light of the foregoing, Under Article 42. Of the Family Code is substantially provides that the subsequent marriage upon reappearance of the absent spouse the same is automatically terminated which are as follows:

Art. 41. - x x x - Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio. A void contract does not express any rights nor confer obligation. 6. The rationale of the foregoing was explained by Justice Alicia Sempio Dy which further states that: Suffice it to state that the automatic termination of the second marriage upon the reappearance of the absent or missing spouse is a risk that the parties to said marriage knew they were taking when they entered into such marriage, so that if it does happen, they have no reason to complain. (Alicia Sempio-Dy, Family Code of the Philippines Hand Book)

7. In fact, it was also provided in the second paragraph of Article 42 of the Family Code that the requirements for the termination of the subsequent marriage, to be effected, the following must concurred: Art. 42. xxx - A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

8. The required judicial determination belongs to the person who would like to opposed such reappearance of the absent spouse and the person who must opposed the same should be the real-party-in-interest, meaning to say the one who was adversely affected of such reappearance which the manner of disputing it by filing a proper action before the courts of justice, which is the late husband of herein appellant, or the second wife.

9. With regard to the pension claims where the appellant is entitled for, the function of the Honorable Office of AFP-PGMC is becomes ministerial on the ground that all the documents to support the claim of herein appellant are all genuine such as the marriage certificate and Identification Documents that will prove her identity and there is no other ground to question the rights of herein appellant but to award the same.

10. Moreover, it is most respectfully prays unto this Honorable Office to take cognizance over the said issue to be resolve since this Honorable Office is competent to determine the rights of the herein appellant, which is incidental to its main function in administering pension. 11. This Honorable Office has the character of quasi-judicial function to determine factual question to which the legislative policy is to apply, in accordance with the standards laid down by the law itself. (Gudminson vs. Cordollo 126 F 2d. 521. Citing the book of Prof. Carlos L. Ceuz, page 88. of Philippine Administrative Law). 12. The act is not purely administrative but quasi-judicial or adjudicatory since it is dependent upon ascertainment of facts by the administrative agency, upon which a decision is to be made and rights and liabilities determined. (Sanado v. Court of Appeals, 356 SCRA 456. Citing the book of Prof. Carlos L. Ceuz, page 90. of Philippine Administrative Law). 13. In view of the foregoing, herein appellant would like to first exhaust the remedies available in this Honorable Office of PGMC through with the coordination of the other pertinent quasi-judicial office.

14. Again, herein Appellant respectfully prayed that his application for transfer of her claims of her late husband.

15. Other just and equitable reliefs under such premise are equally prayed for.

16. I attached herewith all the documents in support of my claims for your easy reference. Respectfully yours,

ROSALIE S. DEUS Appellant/Claimant Contact # 09193776693