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Bengzon vs. Secretary of Justice and Insular Auditor

JUAN BENGZON, petitioner-appellant, vs. THE SECRETARY OF JUSTICE and THE INSULAR AUDITOR, respondents-appellees.

G.R. No. 42821 | 1936-01-18

D E C I S I O N


MALCOLM, J:

This case was brought by a former justice of the peace to test the validity of the veto by the Governor-General of section 7 of Act No. 4051, the Retirement Gratuity Law. In the trial court the petition for a writ of mandamus directed to the Secretary of Justice and the Insular Auditor was dismissed. Thereupon the losing party appealed.

The facts, as stipulated disclose the following: Juan Bengzon, the petitioner was appointed justice of the peace for the municipality of Lingayen, Pangasinan, on March 7, 1912. Having reached the age of sixty-five, he ceased to hold this position on January 14, 1933, by...