G.R. No. L-45340; April 15, 1939
Guardianship of the incapacitated Braulio Marcelino. MARCELA BALLESTROS, applicant-appellant, vs. VETERANS ADMINISTRATION, oppositor-appellee.

FACTS

The ward, Braulio Marcelino, is a veteran entitled to an annual pension under the World War Veterans Act. His pension was suspended from 1924 to 1927. During this suspension, his guardian, Marcela Ballestros, incurred debts for his support and care. When the accumulated pension arrears were paid, the guardian sought court authority to use these funds to pay the debts. The Veterans Administration opposed, arguing the pension funds were not liable for such debts. The Court of First Instance of Ilocos Norte denied the guardian’s petition.

ISSUE

May the accumulated pension funds of an incapacitated veteran under guardianship be used to pay obligations contracted for his support and care during the period his pension was suspended?

RULING

Yes. The Supreme Court reversed the lower court’s order. Following its ruling in a prior analogous case ( G.R. No. 45400 ), it held that pension funds may be applied to pay obligations for the ward’s support and care during guardianship, as it would be unjust and against the spirit of the law to deny a pensioner the ability to incur debts for basic sustenance. However, the case was remanded to the lower court to receive evidence and determine if the claimed expenses were true, reasonable, and just before authorizing payment.

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