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Bartulata vs. Peralta Jr., et al.

RUFINO G. BARTULATA, petitioner-appellant, vs. HON. MACARIO PERALTA, JR., ET AL., respondents-appellees.

G.R. No. L-23155 | 1974-09-09

D E C I S I O N

ZALDIVAR, J:

Appeal by petitioner Rufino G. Bartulata from the decision of the Court of First Instance of Rizal, Quezon City Branch, in its Civil Case No. Q-6443, dismissing his petition for mandamus to compel herein respondents Hon. Macario Peralta, Jr., in his capacity as Secretary of National Defense, and Lt. Gen. Pelagio Cruz, in his capacity as Chief of Staff, Armed Forces of the Philippines, to retire him with the rank of second lieutenant in the Philippine Army, the rank that he held when he was honorably discharged from the military service on January 31, 1947, and to pay him his pension differentials. The...