G.R. No. L-12944; March 30, 1959
MARIA NATIVIDAD VDA. DE TAN, petitioner-appellee, vs. VETERANS BACKPAY COMMISSION, respondent-appellant.

FACTS

Petitioner Maria Natividad Vda. de Tan, widow of the late Lt. Tan Chiat Bee (alias Tan Lian Lay), a Chinese national, filed a verified petition for mandamus in the Court of First Instance of Manila. She sought to compel the Veterans Backpay Commission to: (1) declare her deceased husband entitled to backpay rights under Republic Act No. 304 , as amended by Republic Act No. 897 ; and (2) issue the corresponding backpay certificate to her. The parties submitted a stipulation of facts, which established that: Tan Chiat Bee was a bona fide member of the 1st Regiment, United States-Chinese Volunteers in the Philippines, a guerrilla organization duly recognized by the U.S. Army and forming part of the Philippine Army. He died in service on April 4, 1945. His service was certified by the Armed Forces of the Philippines, and the Chief of Finance Service had computed his backpay, which was passed in audit. The Veterans Backpay Commission initially, through resolutions and letters, indicated that alien members were entitled to backpay. However, the Commission later revoked this stance and formally denied the petitioner’s claim on February 13, 1957, ruling that aliens are not entitled to backpay.

ISSUE

Whether the Veterans Backpay Commission can be compelled via mandamus to grant the backpay claim of the widow of a deceased alien guerrilla veteran recognized by the U.S. Army, under Republic Act Nos. 304 and 897.

RULING

The Supreme Court affirmed the lower court’s decision granting the petition for mandamus. The Court held:
1. Mandamus is the proper remedy. The Commission’s discretion is limited to evaluating whether the claimant is a member of a U.S. Army-recognized guerrilla force. Once that fact is established, as it was here, the Commission’s duty to give due course to the application becomes ministerial.
2. Aliens are entitled to backpay under the law. Republic Act Nos. 304 and 897 extend benefits to members of “guerrilla forces duly recognized by the Army of the United States.” The law’s plain language does not limit its operation to Filipino citizens. The enumeration in the law of those not entitled to benefits does not include recognized guerrillas who were not citizens, applying the maxim expressio unius est exclusio alterius. Executive Order No. 21 (October 28, 1944) also declared that all persons of any nationality actively serving in recognized military forces in the Philippines are considered on active service in the Philippine Army.
3. The constitutional restriction on aliens acquiring public lands is not a bar. The Commission’s argument that the law’s purpose was to help rehabilitate veterans by allowing them to acquire public lands, which aliens generally cannot do, is misplaced. The backpay certificate has various uses, including payment of taxes and government obligations, not just land acquisition.
4. The petitioner was not required to exhaust administrative remedies. The Commission is estopped from invoking this rule because, in its resolution, it declared that opinions of the Secretary of Justice are advisory and that any aggrieved party has recourse to the courts, thereby leading the petitioner to seek judicial relief.
5. The suit is not an unauthorized suit against the government. The action seeks to compel a government agency to perform a duty imposed by law (Republic Act Nos. 304 and 897), which necessarily implies state consent to such suits in case of unjustified refusal.
The Court ordered the Veterans Backpay Commission to give due course to the petitioner’s claim. No costs.