Garcia Vs Chief of Staff (G.R. No. L-20213; 16 SCRA 120) Constitutional Law

MARIANO E. GARCIA, plaintiff-appellant,

vs.

THE CHIEF OF STAFF and THE ADJUTANT GENERAL, ARMED FORCES OF THE PHILIPPINES and/or THE CHAIRMAN, PHILIPPINE VETERANS BOARD and/or THE AUDITOR GENERAL OF THE PHILIPPINES,defendants-appellees.

Ponente: REGALA, J.

Action:

This is an appeal from an order of dismissal.

Facts:

On December 1, 1961, the plaintiff Mariano E. Garcia, filed with the lower courts an action to collect a sum of money against the Chief of Staff and the Adjutant General of the Armed Forces of the Philippines et. Al. The complaint alleged: that by reason of the injuries suffered by plaintiff he was deprived of his sight or vision rendering him permanently disabled; and that by reason of the unjustified refusal by defendants of plaintiff's claim, the latter was deprived of his disability pension from totalling no less than P4,000 and suffered thereby moral damages and attorney's fees the amount of P2,000.00.

The PVA and the Chief of Staff of the Armed Forces filed separate motions to dismiss the complaint on the grounds that the plaintiff failed to exhaust all administrative remedies before coming to court; that the complaint states no cause of action; and that the cause of action is barred by the statute of limitations. On March 2, 1962 the lower courts, rendered an order dismissing the complaint on the ground that the action has prescribed. Motion for reconsideration of the said order having been denied, the plaintiff has interposed this appeal.

Issues:

WON the lower court has jurisdiction on the said matter and dismissing the complaint on the ground it being the money claim against the government.

Ruling:

The order dismissing the complaint is hereby affirmed, without pronouncement as to costs.

Ratio Decidendi:

We have to uphold the order of dismissal, not necessarily on the same ground as found by the lower court; but for the reason that the Court of First Instance has no jurisdiction over the subject matter, it being a money claim against the government. A claim for the recovery of money against the government should be filed with the Auditor General, in line with the principle that the State cannot be sued without its consent. As stated in Commonwealth Act 327 in all cases involving the settlement of accounts or claims, other than those of accountable officers, the Auditor General shall act and decide the same within sixty days. The well established rule that no recourse to court can be had until all administrative remedies had been exhausted.