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Abad Santos vs. Auditor General [CONCURRING AND DISSENTING, BENGZON, J.]

AMANDA T. ABAD SANTOS, recurrente, contra EL AUDITOR GENERAL y El GOVERNMENT SERVICE INSURANCE SYSTEM, recurridos.

G.R. No. L-376 | 1947-09-01

CONCURRING AND DISSENTING
 
BENGZON, J.:
 
I concur in the decision in so far as it finds the appeal to be meritorious. However, I regret my inability to vote for disbursement of the whole amount of the policy. Not because I believe the family of the deceased has been adequately compensated for the loss of their precious head, but because the law which I swore to uphold regardless of preference or inclination, only permits the return of the premiums paid. The deceased himself, olympically seated among the immortals, would surely frown upon mortals at the judgment seat he once presided, straining a principle or blinking a statute,...