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Matias vs. Republic Of The Philippines [DISSENTING OPINION, LEONEN, J]

ESTRELLITA TADEO-MATIAS, Petitioner, vs. REPUBLIC OF THE PHILIPPINES, Respondent. Present: VELASCO, JR., J., Chairperson, BERSAMIN, LEONEN, MARTIRES, and GESMUNDO, JJ

G.R. No. 230751 | 2018-04-25

DISSENTING OPINION
 
LEONEN, J:
 
I dissent.
 
Petitioner is 72 years old. Her husband, Wilfredo N. Matias (Wilfredo), a soldier with the Philippine Constabulary, has been missing since 1979, or for almost 39 years now, after being assigned to Arayat, Pampanga, an area heavy with the presence of the New People’s Army. For decades, petitioner single-handedly raised and supported their three (3) children. The case arose for the sole reason that petitioner has, since 1987,1 sought the benefits due her husband under Presidential Decree No. 1638, in relation to Republic Act No. 6948.
 
Considering these circumstances, on the...