Mario v. Chanliongco

MAKASIAR, J.:

This matter refers to the claims for retirement benefits filed by the heirs of the late ATTY. MARIO V. CHANLIONGCO an attorney in this Court, under the provisions of R.A. No. 1616, as amended by R.A. No. 4986, which was approved by this Court in its resolution of August 19, 1976, effective on July 12, 1976 it a g from the records that at the time of his death on July 12, 1976, Atty. Chanliongco was more than 63 years of age, with more than 38 years of service in the government. He did not have any pending criminal administrative or not case against him, neither did he have any money or property accountability.

The highest salary he received was P18,700.00 per annum. The above named flied the appellants for benefits with the accruing and with the Government Service System. Aside from his widow, Dra.

Fidel B. Chanliongco and an only Intimate Mario it appears that there are other deceased to namely, Mrs. Angelina C. , Jr., both born out of wedlock to Angelina R Crespo, and duly recognized by the deceased. Except Mario, Jr., who is only 17 years of age, all the claimants are of legal age. According to law, the benefits accruing to the deceased consist of: (1) retirement benefits; (2) money value of terminal leave; (3) life insurance and (4) refund of retirement premium.

From the records now before US, it appears that the GSIS had already the release the life insurance proceeds; and the refund of rent to the claimants. What, therefore, to be settled are the retirement benefits and the money value of leave, both of which are to be paid by this court as the deceased's last employer.ℒαwρhi৷ The record also shows that the late Atty. Chanliongco died ab intestato and that he filed or over to state in his application for membership with the GSIS the beneficiary or benefits of his retirement benefits, should he die before retirement. Hence, the retirement benefits shall accrue to his estate and will be distributed among his Legal heirs in with the benefits on intestate s , as in the caw of a fife if no benefit is named in the policy (Vda.

de vs. GSIS, L-28093, Jan. 30, 1971, 37 SCRA 315, 325). Insofar therefore as the retirement benefits are WE adopt in toto, for being in accordance with law, the GSIS determination of the amount of the retirement the kill heirs and their e shares as indicated in its letter to US, dated March 15, 1977, to wit: ñé+.£ªwph!1 (a) Amount of retirement grautity: 1.

Total creditable service 37.57169 years 2. Highest rate of salary ₱ 1,558.33333/mo. 3.

Gratuity in terms of months 50.14338 months 4. Amount of gratuity (highest salary) x (No. of grautity months) ₱ 78,140,10 (b) Legal heirs : 1. Fidela B. Chanliongco.

widow 2. Mario B. Chanliongco II. legitimate son 3.

Ma. Angelina C. Buenaventura illegitimate child 4. Mario Chanliongco Jr. illegitimate child (c) Distribution (1) 8/16 share to Mario II ₱ 39,070.050 (2) 4/16 share to the widow, Fidela B. Chanliongco 19,535.025 (3) 2/16 share, or P9,767.5125 each to the two illegitimate children Ma.

Angelina C. Buenaventura and Mario Chanliongco, Jr. 19 535 25 T O T A L