GR 46650; (September, 1939) (Digest)
G.R. No. 46650 ; September 23, 1939
MARIO BENGZON and PROTACIO CLARIN, petitioners, vs. THE AUDITOR GENERAL and THE COMMISSIONER OF CIVIL SERVICE, respondents.
FACTS
Petitioner Mario Bengzon filed a petition for mandamus to compel the Auditor General and the Commissioner of Civil Service to pay him the retirement gratuity of ex-Justice of the Peace Protacio Clarin under Commonwealth Act No. 331 . Bengzon claimed authority under a special power of attorney executed by Clarin. The Court required Clarin to be included as an indispensable party. An amended petition was filed with both as petitioners, represented by Bengzon as attorney. The respondents presented evidence showing Clarin had not authorized Bengzon to file this suit and that Clarin had subsequently repudiated the special power of attorney on two occasions.
ISSUE
Whether the respondents, the Auditor General and the Commissioner of Civil Service, can be compelled via mandamus to pay the gratuity to Mario Bengzon based on the disputed power of attorney.
RULING
No. The petition for mandamus is denied. The Court held that under the circumstances—where the alleged principal (Clarin) repudiated the authority and did not authorize the filing of the suit—the respondents cannot be said to have neglected any duty enjoined by law in refusing payment to Bengzon. The Court explicitly avoided ruling on the validity or enforceability of the power of attorney itself, stating that such matter should be determined in an ordinary action in a court of general jurisdiction where both parties can present evidence. The preliminary injunction was dissolved. (In a subsequent Resolution dated January 11, 1940, the Court denied Bengzon’s motion for reconsideration, finding he had waived his right to a hearing by not appearing on the scheduled calendar date and admonishing him for his remarks against the Court.)
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