OSCAR HUNT, PETITIONER, VS. JAIME HERNANDEZ, AUDITOR GENERAL OF THE PHILIPPINES, AND JOSE GIL, COMMISSIONER OF CIVIL SERVICE, RESPONDENTS.

This is a petition for a writ of mandamus to
compel the Auditor General the Commissioner of Civil Service to pay to
the petitioner herein, Oscar Hunt, the sum of P1,734.82 which is the
amount so far withheld from the petitioner’s gratuity granted under the
provisions of Acts Nos. 4007 4051 of the Philippine Legislature, to
continue paying his monthly pension of P60 until the total amount of
his gratuity is paid.

It appears that the petitioner was an employee of the
Government of the Philippines until the early part of the year 1933
when he retired under the provisions of the aforementioned Acts. Upon
retirement, he was granted a gratuity of P4,320 payable at the rate of
P60 per month. At the time of his retirement or thereafter, he was
indebted to the Government in the sum of P5,342.27 taken from the San
Lazaro Investment Fund administered by the Director of Lands, which
indebtedness was secured by a mortgage on a parcel of land and
improvements in the City of Manila. Unable to pay the amount, the
mortgage was foreclosed the property sold at public auction for P3,000
leaving a deficiency of P2,934.82 which includes tax delinquency, costs
other incidental expenses indicated in appendix B of the petition. To
cover this deficiency, P54.82 of the petitioner’s pension
corresponding1 to the month of February, 1935, his monthly pensions for
the period from March, 1935, to June, 1937, inclusive, were withheld by
the respondents Auditor General Commissioner of Civil Service. The
petitioner protested against the withholding of his gratuity its
application to wipe off the balance of his indebtedness and, having
exhausted the administrative remedies, filed the present petition with
this court for the purpose above-indicated.

The question to
be determined is whether or not the gratuity of the petitioner in this
case can be withheld applied to the payment of his remaining
indebtedness to the San Lazaro Investment Fund notwithstanding the
provision of section 3 of Act No. 4051 that “the gratuity provided for
in this Act shall not be attached or levied upon execution.” The
respondents contend that the withholding of the corresponding amount of
the petitioner’s gratuity was made with a view to its application to
the payment of his indebtedness to the Government, and that such action
is authorized by section 624 of the Administrative Code which provides
that “When any person is indebted to the government of the Philippine
Islands or Government of the United States, the Insular Auditor may
direct the proper officer to withhold the payment of any money due him
or his estate, the same to be applied in satisfaction of such
indebtedness.”

While section 3 of Act No. 4051 refers merely to attachment or levy
upon execution, we are of the opinion that the exemption should be
liberally construed in favor of the pensioner. Pension in this case is
a bounty flowing from the graciousness of the Government intended to
reward past services and, at the same time, to provide the pensioner
with the means with which to support himself his family. Unless
otherwise clearly provided, the pension should inure wholly to the
benefit of the pensioner. It is true that the withholding application
of the amount involved was had under section 624 of the Administrative
Code not by any judicial process, but if the gratuity could not be
attached or levied upon execution in view of the prohibition of section
3 of Act No. 4051, the appropriation thereof by administrative action,
if allowed, would, lead to the same prohibited result enable the
respondents to do indirectly what they can not do directly under
section 3 of Act No. 4051. Act No. 4051 is a later statute having been
approved on February 21, 1933, whereas the Administrative Code of 1917
which embodies section 624 relied Upon by the respondents was approved
on March 10 of that year. Considering section 3 of Act No. 4051 as an
exception to the general authority granted in section 624 of the
Administrative Code, antagonism between the two provisions is avoided.

While the Director of Lands who is administrator of the San Lazaro
Investment Fund at whose instance the withholding of the gratuity of
the petitioner was made by the Auditor General the Commissioner of
Civil Service could have been joined as one of the respondents, it is
clear that, in the present case, the payment of the gratuity to the
petitioner is a ministerial duty and, it appearing that payment could
not be made because of the refusal of the respondents, a fact which is
alleged in paragraph 12 of the petition not controverted by the
Solicitor-General, the writ of mandamus prayed for is granted the
respondents Jaime Hernandez, in his capacity as Auditor General of the
Philippines, Jose Gil, in his capacity as Commissioner of Civil
Service, are hereby directed to pay to the petitioner P1,734.82, the
amount withheld from February, 1935 to June, 1937 and, thereafter, to
continue paying him in the manner authorized by law until the amount of
his gratuity is fully paid. Without pronouncement as to costs. So
ordered.

Avancena, C. J., Villa-Real, Abad Santos, Imperial, Diaz, Concepcion, JJ., concur.