In Re: Chanliongco
AM No. 190. 18 October 1977
FACTS:
The matter refers to the claims for retirement benefits by the heirs of the late Atty. Chanliongco of the SC, who was more than 63 years of age, with more than 38 years of service in the government. He left as heirs the following: his widow, one legitimate child and 2 illegitimate children. He died intestate and stated in his application for membership with the GSIS the beneficiary, of his retirement benefits, should he die before retirement.
ISSUE:
How should the retirement benefits and the monetary value of terminal leave of the decedent be settled?
RULING:
As to the retirement benefits:
| Widow | 4/16 |
| Legitimate Son | 8/16 |
| Illegitimate Daughter | 2/16 |
| Illegitimate Son | 2/16 |
As to the monetary value of the terminal leave pay and unused vacation and sick leave, the SC treated the same as conjugal property and as such, ½ goes to the widow as her share in the conjugal partnership and the other half to be distributed to the legal heirs in the same way as in the retirement benefits. This is so because ‘vacation with pay is not a gratuity but is compensation for services rendered’.
