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ADORACION CAROLINO (SPOUSE AND IN SUBSTITUTION OF THE DECEASED JEREMIAS A. CAROLINO), PETITIONER, VS. GEN. GENEROSO SENGA, AS CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES (AFP); BRIG. GEN. FERNANDO ZABAT, AS CHIEF OF THE AFP FINANCE CENTER; COMMO. REYNALDO BASILIO, AS CHIEF OF THE AFP-GHQ MANAGEMENT AND FISCAL OFFICE; AND COMMO. EMILIO MARAYAG, PENSION AND GRATUITY OFFICER, PENSION AND GRATUITY MANAGEMENT CENTER, AFP FINANCE CENTER, RESPONDENTS.

ADORACION CAROLINO (SPOUSE AND IN SUBSTITUTION OF THE DECEASED JEREMIAS A. CAROLINO), PETITIONER, VS. GEN. GENEROSO SENGA, AS CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES (AFP); BRIG. GEN. FERNANDO ZABAT, AS CHIEF OF THE AFP FINANCE CENTER; COMMO. REYNALDO BASILIO, AS CHIEF OF THE AFP-GHQ MANAGEMENT AND FISCAL OFFICE; AND COMMO. EMILIO MARAYAG, PENSION AND GRATUITY OFFICER, PENSION AND GRATUITY MANAGEMENT CENTER, AFP FINANCE CENTER, RESPONDENTS.

G.R. No. 189649 | 2015-04-20

THIRD DIVISION
 
D E C I S I O N

PERALTA, J.:

Before us is a petition for review under Rule 45 seeking to reverse and set aside the Decision[1] dated May 25, 2009 of the Court of Appeals (CA) in CA-G.R. SP No. 103502 and the Resolution[2] dated September 10, 2009 denying reconsideration thereof.
 
The factual and legal antecedents are as follows:
 
On December 1, 1976, Jeremias A. Carolino, petitioner's husband, retired[3] from the Armed Forces of the Philippines (AFP) with the rank of Colonel under General Order No. 1208 dated November 29, 1976, pursuant to the provisions of Sections 1(A) and 10 of Republic Act (RA) No. 340,[4]...