[ G.R. No. 46650. September 23, 1939 ] 68 Phil. 527
[ G.R. No. 46650. September 23, 1939 ]
MARIO BENGZON AND PROTACIO CLARIN, PETITIONERS, VS. THE AUDITOR GENERAL AND THE COMMISSIONER OF CIVIL SERVICE, RESPONDENTS. D E C I S I O N
MORAN, J.:
A petition for mandamus.
Petitioner Mario Bengzon seeks to compel the Auditor-General and the Commissioner of Civil Service to pay to him the gratuity belonging to ex-Justice of the Peace Protacio Clarin, who was retired under the provisions of Commonwealth Act No. 331. The petition rests upon a special power-of-attorney executed in favor of the petitioner by said Protacio Clarin, wherein the former was authorized to receive from the proper authorities the gratuity to which the latter was entitled under the law.
This Court, by resolution of April 26, 1939, ordered that Protacio Clarin be included in this action as petitioner, he being an indispensable party, and on April 29, 1939, an amended petition was filed, wherein Protacio Clarin and Mario Bengzon appeared to be the petitioners, represented by the latter as attorney.
It appearing from the exhibits filed by the respondents that Protacio Clarin has given no authority to attorney Mario Bengzon to file this action against the respondents, and it appearing further that Protacio Clarin had, on two subsequent occasions, repudiated the special power-of-attorney relied upon by Mario Bengzon, we hold that the respondents, Auditor General and Commissioner of Civil Service, cannot be said to have neglected to perform the duties enjoined to them by law in refusing to pay to the petitioner, Mario Bengzon, the gratuity in question.
Petition is denied, and writ of preliminary injunction dissolved, with costs against petitioner.
Avanceña, C. J., Villa-Real, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.