June 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 196985 : June 18, 2012]
ALEXANDER G. CASTRO, PETITIONER, VERSUS GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) AND HONORABLE ROBERT VERGARA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF GSIS, RESPONDENTS.
G.R. No. 196985 - ALEXANDER G. CASTRO, petitioner, versus GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) and HONORABLE ROBERT VERGARA, in his capacity as President and General Manager of GSIS, respondents.
On March 12, 2012, we issued the following resolution in this case:
In their comment, respondents stated, among others, that
"[It] is clear that the petitioner's claim - approval of his retirement benefits under [Republic Act (R.A.) No.] 7699 - calls for the jurisdiction of the GSIS in the exercise of its quasi-judicial functions. Respondents, therefore, respectfully request that this Honorable Court dismiss the Petition for Mandamus so that the GSIS can effectively exercise its jurisdiction over the subject matter of the instant case." (Emphasis in the original; underscoring supplied.)
Without going into the merits of this case, and considering petitioner's allegation that he is now 80 years of age, we are of the view that respondents' promise to process petitioner's claim presents an alternative speedy mode of resolving the instant petition for mandamus where petitioner prays that "respondents be commanded and ordered to process without further delay, and APPROVE the APPLICATION for RETIREMENT [benefits] of herein petitioner." cralaw
WHEREFORE, we REQUIRE petitioner to MANIFEST within three (3) days from notice of this resolution, whether he is willing to SUBMIT his claim for retirement benefits to the GSIS instead so that his claim may be acted upon by the GSIS with dispatch.
SO ORDERED.[1]
Petitioner "manifests that he is willing to SUBMIT his claim for retirement benefits to the GSIS instead so that his claim may be acted upon by the GSIS with dispatch.�[2]
WHEREFORE, petitioner's claim for retirement benefits is hereby REFERRED and SUBMITTED to the GSIS so that petitioner's claim may be acted upon by the GSIS with dispatch.
The Court also DIRECTS that this resolution be served personally upon Attys. Estrella C. Elamparo, Lucio L. Yu, Jr. and Jasper C. Sales of the GSIS Law Office, counsel for respondents, and upon Attys. Addison B. Castro and Chantal Charisse Q. Antonio of Gatchalian Castro & Mawis, counsel for petitioner.
Let this case be considered CLOSED and TERMINATED.
SO ORDERED." PERLAS-BERNABE, J., acting member per S. O. No. 1227 dated 30 May 2012.
Very truly yours,
(Sgd.) EDGAR O. ARICHETA
Division Clerk of Court
Endnotes:
[1] Rollo, pp. 71-72.[2] Id. at 73.