Tan vs. Veterans Backpay Commission 105 Phil. 377 FACTS On March 5, 1957, petitioner-appellee, Maria Natividad vda.

de Tan filed with the Court of First nstance of Manila a verified petition for !anda!us see"in# an order to co!pel the respondent-appellant $eterans %ac" &a' Co!!ission( )1* to declare deceased +t. Tan Chiat %ee alias Tan +ian +a', a Chinese national, entitled to ,ac"pa' ri#hts, privile#es, and prero#atives under -epu,lic .ct No. /01, as a!ended ,' -epu,lic .ct No. 2973 and )4* to #ive due course to the clai! of petitioner, as the widow of the said veterans, ,' issuin# to her the correspondin# ,ac"pa' certificate of inde,tedness. The lower court rendered decision in favor of the &etitioner. .#ainst the decision, the respondent instituted this appeal averrin# once !ore, in its assi#n!ent of errors, the special and affir!ative defenses that the petitioner failed to e5haust availa,le ad!inistrative re!edies3 that the suit is, in effect, an action to enforce a !one' clai! a#ainst the #overn!ent without its consent3 that !anda!us will not lie to co!pel the e5ercise of a discretionar' function3 and that the -epu,lic .ct Nos. /01 and 297 alread' referred to were never intended to ,enefit aliens. !SS"# 6hether or not &etitioner needs to e5haust .d!inistrative -e!edies ,efore resortin# to court proceedin#. $#%& t is further contended ,' the Co!!ission that the petitioner should have first e5hausted her ad!inistrative re!edies ,' appealin# to the &resident of the &hilippines, and that her failure to do so is a ,ar to her action in court. The respondent Co!!ission is in estoppel to invo"e this rule, considerin# that in its resolution reiteratin# its o,stinate refusal to a,ide ,' the opinion of the 7ecretar' of 8ustice, who is the le#al adviser of the 95ecutive :epart!ent, the Co!!ission declared that the opinions pro!ul#ated ,' the 7ecretar' of 8ustice are advisor' in nature, which !a' either ,e accepted or i#nored ,' the office see"in# the opinion, and an' a##rieved part' has the court for recourse, there,' leadin# the petitioner to conclude that onl' a

final ;udicial rulin# in her favor would ,e accepted ,' the Co!!ission.