Bartulata v. Peralta
REITERATIONFacts
The Antecedents: Petitioner Rufino G. Bartulata, who enlisted in the Philippine Constabulary in 1924 and held the rank of sergeant during the Pacific war, refused to surrender and joined a recognized guerrilla organization (108th Infantry, 10th Military District). He was promoted to third lieutenant and then second lieutenant within this guerrilla unit. His name, rank (2nd Lt.), and serial number appeared in the Roster of Reserve Officers. Post-war, he continued service in the Philippine Army as a second lieutenant and was honorably discharged with this rank on January 31, 1947. Procedural History: Bartulata applied for retirement under Republic Act No. 340, as amended, and was approved for retirement with the rank of Staff Sergeant. His requests to be retired as a second lieutenant were denied by the Armed Forces of the Philippines and the Secretary of National Defense, who cited his absence from the approved reconstructed roster of his guerrilla outfit as proof of non-recognition or revocation of his status. The Court of First Instance dismissed his petition for mandamus. The Petition: Bartulata appealed the dismissal, seeking to compel his retirement with the rank of second lieutenant and payment of pension differentials, arguing he was a recognized guerrilla officer and a reserve officer under Executive Order No. 21.
Issue(s)
Whether petitioner Rufino G. Bartulata is a recognized guerrilla officer entitled to retirement with the rank of second lieutenant. Whether the revised roster of recognized guerrillas is the sole and exclusive evidence of such recognition. Whether the doctrine of exhaustion of administrative remedies applies in this case.
Ruling
The judgment of the lower court is reversed. The writ of mandamus is granted, ordering the respondents to retire petitioner Rufino G. Bartulata with the rank of second lieutenant and to pay him the pension differentials from January 31, 1947.
Ratio Decidendi
On whether petitioner is a recognized guerrilla officer entitled to retirement with the rank of second lieutenant: The Court held that the Philippine Government had recognized Bartulata's wartime and post-liberation services, as well as his rank as second lieutenant. This recognition was evidenced by his inclusion in the initial roster of the 108th Infantry, 10th Military District, his receipt of backpay for services rendered as second lieutenant, his continued payment of salaries and allowances as such, his being allowed to wear the uniform of a second lieutenant, and his honorable discharge with that rank. Furthermore, the approval of his retirement application, which included 23 years and 15 days of service, implicitly recognized his guerrilla and post-liberation services, as these periods could not have been included if his guerrilla status was not recognized. The Court emphasized that the Philippine Government's recognition, based on its own records, is paramount. On whether the revised roster of recognized guerrillas is the sole and exclusive evidence of such recognition: The Court rejected the respondents' contention that the revised roster is conclusive. Citing the case of Ramiro Aragon vs. Hon. Macario Peralta, Jr., the Court stated that entries in the Army's roster are merely prima facie evidence and not the sole and exclusive proof of recognition. The law does not preclude other admissible proof of recognition. The initial roster, which showed Bartulata's service, was given significant weight, and the revised roster was deemed not to override other evidence of recognition. On whether the doctrine of exhaustion of administrative remedies applies: The Court found the respondents' contention that petitioner had not exhausted all administrative remedies to be untenable. Citing a long line of decisions, the Court held that the doctrine of exhaustion of administrative remedies is not applicable when the respondent is a department secretary, whose acts, as an alter ego of the President, carry implied approval unless expressly disapproved. Therefore, appealing to the Office of the President was not a mandatory prerequisite before seeking judicial relief.
Main Doctrine
The Philippine Government's recognition of a guerrilla's service, evidenced by multiple factors beyond a mere revised roster, entitles the individual to retirement benefits corresponding to their confirmed rank.