Beruflich Dokumente
Kultur Dokumente
Paciano DizonFacts:
It covers the file on the application filed on the request
submitted originally before the Court by Balbina Mendoza,
appellant,in which the Assembly requested that, under the
faculty which conferson us the rule 45 of the Rules of the
Courts.In 1932 Cuevas married Florence Cocadiz. This marriage
was definitively dissolved on march 21,1944 by virtue of a
decree divorce issued by the Court of First Instance in Batangas
on that date.There was no offspring.In December 7, 1945 the
President of the Philippines of Commonwealth issued
AdministrativeOrder No. 27 in which under certain conditions is
available to the bonuses or gratuities to officialsand employees
of the Government National who had been in active service in
December 8, 1941,have been or not called to return to their
jobs after the liberation.Later - 12 March 1946 - the Auditor
General Delegate, making use of course powers conferred onit
by article 262 of the Administrative Code, solved the substance
of the instance of BalbinaMendoza, dictating the following
judgment:As the gratuity of the late Juan M. Cuevas under
Administrative Order No. 27, dated December 7,1945,
corresponds to his salary for the months of January and
February, 1942, during which hismarriage with Florencia
Cocadiz in 1932 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 said gratuityshould be
deemed to be a part of their conjugal estate. Only one-half
thereof may, therefore, be paid to his surviving mother, the
herein claimant, who is hereby designated as his next of kin,
theother half being payable to his divorced wife as her share.
Issue: Whether such gratuity should be considered as goods
belonging to the acquisitions of the deceasedand his wife
divorced
Held: Bonuses or gratuitiesshould governed the concerned
that the law provides, that is, by Order No.27 administrator had
damages.
treatment of Zulueta.
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