G.R. No. 201043

Republic vs Daisy Yahon

G.R. No. 201043

Facts:

Sgt Yahon was married to respondent. A TPO has been issued against Sgt Yahon to protect the respondent from further abuses. In the TPO, Sgt Yahon was ordered to provide reasonable financial spousal support to the respondent. In his failure to appear before the court with a counsel and with an answer to the charges against him, the court has granted PPO for the respondent against Sgt Yahon. It was also reiterated that Sgt Yahon should provide for the financial spousal support to his wife from his retirement benefits. However, the Armed Forces of the Philippines Finance Center contended that half of the retirement benefits of Sgt Yahon cannot be given to the respondent as it is from a military institution. The petitioner contended that money due to government employees is not liable to the creditors of the said employees in the process of garnishment.

Issue:

Whether or not the retirement benefits of Sgt Yahon be subject to the ruling of the court to provide for the financial spousal support of respondent.

Held:

Retirement benefits of Sgt Yahon are subject to the financial spousal support of respondent. As a rule in statutory construction, when the law does not distinguish, the court should not distinguish. As section 8 (g) of RA No. 9262 used the general term 'employer', it includes in its coverage the military institution, which is the employer of Sgt Yahon.