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Tuesday, 4 August 2015

Statutory Construction of Veteran and Pension Laws

Veteran and pension laws

·         Veteran and pension laws: Liberal construction to effectuate purpose of the law—to compensate a class of men who suffered in the service for the hardships they endured and the dangers they encountered in line of duty.

·         Retirement laws: Liberal construction in favor of the retiree—“to provide for sustenance, and hopefully even comfort, when he no longer has the stamina to continue earning his livelihood.” (Santiago vs. COA)

Cases:
·         Ortiz vs. Commission on Elections (courtesy resignation)
·         In Re Application for Gratuity Benefits of Associate Justice Efren I. Plana (lack of age requirement for retirement)
·         In re Pineda (requirement in applying the Plana Doctrine)
·         In re Martin (availing of disability retirement benefits)

·         Cena v. Civil Service Commission (reaching the compulsory retirement age but not the service requirement) 

Based on the book, Statutory Construction by Ruben E. Agpalo

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