G.R. No.

L-12944 March 30, 1959

MARIA NATIVIDAD VDA. DE TAN, petitioner-appellee,
vs.
VETERANS BACKPAY COMMISSION, respondent-appellant.

Facts:
The petitioner is the widow of the late Tan Lian Lay, a Chinese national, and
bonafide member the 1st Regiment, United State-Chinese Volunteers in the
Philippines, a guerrilla organization duly recognized by the Army of the United States
and forming part and parcel of the Philippine Army. He was duly recognized as a
guerrilla veteran and certified by the Armed Forces of the Philippines as having
rendered aritorious military services during the Japanese occupation.

The petitioner as widow of the said recognized deceased veteran, filed an

application for back pay under the provisions Republic Act No. 897, the resolution of
the Veterans Back pay Commission dated November 19, 1953 and the letter of the
Veterans Back Pay Commission dated December 9, 1953.

On June 18, 1955, the Secretary and Chief of Office Staff the Veterans Back
Pay Commission sent a letter to General Vicente Lopez of the United States-Chinese
Volunteers in the Philippines apprising the latter that the Commission has reaffirmed
its solution granting the back pay to alien members. After due deliberation respondent
revoked its previous stands and ruled that aliens are not entitled to backpay.

On February 13, 1957, the respondent Veterans Back Pay Commission, through
its Secretary & Chief of Office Staff, made a formal reply to the aforesaid claim of the
herein petitioner denying her request on the ground that aliens are not entitled to
backpay.

Upon refusal of the Veterans Back Pay Commission the petitioner brought the
case direct to this Honorable Court by way of mandamus.
Issue:

Whether or not petitioner’s failure to exhaust her administrative remedies bars

subsequent action in courts.

Held:

The petition is granted, ordering respondent Commission to give due course to

the claim of herein petitioner to the backpay to which her deceased husband was
entitled as member of a duly recognized guerrilla organization.

The law as contained in Republic Acts Nos. 304 and 897 is explicit, and extends
its benefits to members of guerrilla forces duly recognized by the United States Army.
There is no indication that its operation should be limited to citizens of the Philippines.

The respondent Commission is in estoppel to invoke the rule on the exhaustion

of administrative remedies, considering that in its resolution, it declared that the
opinions of the Secretary of Justice were "advisory in nature, which may either be
accepted or ignored by the office seeking the opinion, and any aggrieved party has the
court for recourse", thereby leading the petitioner to conclude that only a final judicial
ruling in her favor would be accepted by the Commission.

The discretion of the Veterans Backpay Commission is limited to the facts of the
case; that is, in evaluating the evidence whether or not claimant is a member of a
guerrilla force duly recognized by the United States Army. It has no power to adjudicate
or determine rights after such facts are established. Having been satisfied that the
deceased was an officer or a guerrilla outfit duly recognized by the United States Army
and forming part of the Philippine Army, it becomes the ministerial duty of the
Commission to give due course to his widow’s application.