Ligot v. Mathay Digest
Ligot v. Mathay Digest
Ligot v. Mathay Digest
ISMAEL MATHAY
FACTS:
The Petitioner served as a member of the House of Representatives of the
Congress of the Philippines for three consecutive four-year terms covering a twelveyear span. During his second term in office (1961-1965), RA 4134 fixing the salaries of
constitutional officials and certain other officials of the national government was
enacted into law and under section 7 thereof took effect on July 1, 1964. The salaries of
members of Congress were increased from P7,200.00 to P32,000.00 per annum. RA
4134, expressly provided that said increases shall take effect in accordance with the
provisions of the Constitution. When the petitioners term expired on December 30,
1969, he filed a claim for retirement under Commonwealth Act 186, section 12 (c) as
amended by RA 4968 which provided for retirement gratuity of any official or employee,
appointive or elective, with a total of at least twenty years of service, the last three years
of which are continuous on the basis therein provided in case of employees based on
the highest rate received and in case of elected officials on the rates of pay as provided
by law. His petition was granted by the House of Representatives. However, Velasco,
the then Congress Auditor and Mathay, then Auditor General was disallowed his
petition. The thrust of Ligots appeal is that his claim for retirement gratuity computed on
the basis of the increased salary of P32,000.00 per annum for members of Congress
should not have been disallowed, because at the time of his retirement, the increased
salary for members of Congress as provided by law (under Republic Act 4134) was
already P32,000.00 per annum.
ISSUE:
Whether or not the petitioner can claim his retirement gratuity based on the
P32,000 per annum salary of the members of Congress.
HELD:
Yes. There is no question that Ligot is entitled to a retirement gratuity based on
Commonwealth Act 186, section 12 as amended by RA 4968. The Court decided that to
grant retirement gratuity to members of Congress whose terms expired on December
30, 1969 computed on the basis of an increased salary of P32,000.00 per annum would
be to pay them more than what is constitutionally allowed. Section 14, Article VI of the
1935 Constitution provides that: No increase in said compensation shall take effect
until after the expiration of the full term of all the members of the Senate and of the
House of Representatives approving such increase.