GOVERNMENT SERVICE INSURANCE SYSTEM, Petitioner

vs
FERNANDO P. DELEON, Respondent
FACTS:
Respondent Fernando P. De Leon applied for retirement as chief
state prosecutor under R.A No. 910. The application was approved by
GSIS. Thereafter, and for more than 9 years, respondent
continuously received his retirement benefit, until 2001 when failed to
receive his monthly pension. The GSIS cancelled the payment of his
pension because according to DBM he is not qualified to retire under
R.A No. 910, that the law was meant to apply only to justices and
judges.
Respondent filed a petition for mandamus before the Court of
Appeals praying that petitioner be compelled to continue paying his
monthly pension and to pay his unpaid monthly benefits from 2001
and payment for damages. CA resolved to grant the decision.
Petitioner GSIS assailed the decision of the CA and the resolution
denying its motion for reconsideration.
ISSUES:
1. Whether or not the CA erred in issuing writ of mandamus
despite the absence of any specific and clear right on the part
of the respondent.
2. Whether or not the CA erred in concluding that respondent
would not be unjustly enriched by the continuation of his
monthly pension because he had already benefited from having
erroneously retire under R.A. No. 910. GSIS points out that it
had refunded respondents premium contribution.
3. Whether or not respondent is entitled to the retirement benefit
under R.A No. 8291
4. Whether or not the issuance of writ of mandamus is proper
RULINGS:
The court disagrees with petitioner. The CA itself acknowledge
that it would not indulge in the technicalities of the case, but focus
instead of the substantive issues rather than on procedural questions.
Furthermore, courts have the discretion to relax the rules of
procedure inorder to protect substantive rights and prevent manifest
injustice to a party. Retirement laws are liberally construed and
administered infavor of the person benefited, and all doubts are
resolved infavor of the retiree to achieved their humanitarian purpose.
Respondents disqualification from receiving retirement benefits
under R.A. No. 910 does not mean that he is disqualified from
receiving any retirement benefit under any other existing retirement
law. To grant respondent those benefits under R.A No. 1146 does not

equate double retirement. Since respondents has been declared

ineligible to retire under R.A. No. 910. It must be underscored that
GSIS itself allowed respondent to retire under R.A No. 910, following
jurisprudence laid down by this court. Since the change of the
circumstances was through no fault of respondent he cannot be
prejudiced by the same.
Giving respondent what is due him under the law is not unjust
enrichment. As to GSIS contention that what respondent seeks is
conversion of his retirement mode, which is prohibited under R.A. No.
8291, the court agrees with the CA that this is not the case of
conversion within the contemplation of law. The conversion under the
law is one that is voluntary, a choice to be made by the retiree. Here
respondent had no choice but to look for another law under which to
claim his pension benefits because DBM had decided not to release
the funds needed to continue payment of his monthly pension.