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GSIS vs Montesclaros 434 SCRA 441

GOVERNMENT SERVICE INSURANCE SYSTEM, Cebu City Branch, petitioner, vs. MILAGROS O. MONTESCLAROS, respondent.

G.R. No. 146494 | 2004-07-14

D E C I S I O N

CARPIO, J.:

The Case

This is a petition for review on certiorari of the Decision[1] dated 13 December 2000 of the Court of Appeals in CA-G.R. CV No. 48784. The Court of Appeals affirmed the Decision[2] of the Regional Trial Court, Branch 21, Cebu City ("trial court"), which held that Milagros Orbiso Montesclaros is entitled to survivorship pension.

The Facts

Sangguniang Bayan member Nicolas Montesclaros ("Nicolas") married Milagros Orbiso ("Milagros") on 10 July 1983.[3] Nicolas was a 72- year old widower when he married Milagros who was then 43 years old.

On 4 January 1985, Nicolas filed with the...