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Government Service Insurance System vs. Commission On Audit

GOVERNMENT SERVICE INSURANCE SYSTEM, Petitioner, vs. COMMISSION ON AUDIT, Respondent.

G.R. No. 138381 | 2006-02-09



EN BANC
R E S O L U T I O N 

YNARES-SANTIAGO, J.: 

Before us is a Motion to Order the Court of Origin to Issue Writ of Execution[1] filed by respondents in G.R. No. 141625, to compel petitioner Government Service Insurance System (GSIS) to execute this Court's final and executory Resolution[2] promulgated on November 10, 2004. 

In said resolution, the Court held that Commission on Audit (COA) disallowances cannot be deducted from retirement benefits as the same are explicitly exempt from such deductions under Section 39 of Republic Act No. 8291. Consequently, petitioner GSIS was ordered to refund to respondents all deductions...