G.R. No. L-21390 November 18, 1967
Ramiro V. Aragon, petitioner-appellee, vs. Hon. Macario Peralta, Jr., ET AL., respondents-appellants.

FACTS

Ramiro V. Aragon joined a recognized guerrilla unit on January 10, 1944, and his name was included in the unit’s initial roster. He served with ranks from third lieutenant to first lieutenant. He was formally commissioned as a first lieutenant in the Reserve Force of the Philippine Army on January 23, 1947, and promoted to captain on February 1, 1955. The government recognized his service by paying his arrears in pay and quarters allowance for his guerrilla service, approving his educational benefits, and granting him back pay. On February 28, 1962, Philippine Constabulary authorities issued Special Order No. 196 to revert Captain Aragon to inactive status effective June 19, 1962, pursuant to Republic Act 2334, arguing he had only 7 years, 10 months, and 24 days of active commissioned service from his formal commission in 1947, which is short of the 10-year requirement under Republic Act 1382 for exemption. The respondents did not credit his guerrilla service from January 10, 1944, to January 23, 1947, because his name was not in the approved reconstructed roster of his guerrilla unit. Aragon filed prohibition proceedings in the Court of First Instance of Rizal, which ruled in his favor, declaring him exempt from Republic Act 2334 and enjoining his reversion. The respondents appealed.

ISSUE

Whether or not, as of June 18, 1955, petitioner-appellee Ramiro V. Aragon had at least ten years of active accumulated commissioned service in the Philippine Army, entitling him to exemption from the operation of Republic Act 2334, by including his voluntary civilian (guerrilla) service from January 10, 1944, to January 23, 1947.

RULING

Yes. The Supreme Court affirmed the trial court’s judgment, holding that Aragon’s guerrilla service should be included in computing his active accumulated commissioned service. The Court based this on Executive Order No. 21, issued by President Sergio Osmeña on October 28, 1944, which declared all persons actively serving in recognized military forces in the Philippines to be on active service in the Philippine Army, with the date of entry being the date of joining such a force. The Court rejected the appellants’ argument that the executive order was not self-executing and that inclusion in the revised roster was mandatory, ruling that the roster is only prima facie evidence and not exclusive. The government had recognized Aragon’s service through multiple acts: his name was in the initial roster, he was paid arrears and quarters allowance for his guerrilla service, he was granted back pay and educational benefits, he was formally commissioned, and he was promoted. Therefore, it would be inequitable to deny him credit for his service simply because his name was omitted from the revised roster. The Court also found the defenses of non-exhaustion of administrative remedies and impropriety of prohibition proceedings to be without merit.