Military can be compelled to give benefits directly to wife

A wife filed a case for the issuance of a protection order under R.A. 9262 (Anti-Violence Against Women and their Children Act) against her husband, a retired personnel of the Philippine Army. Aside from directing the husband to refrain from committing acts of violence against his wife, the Court also ruled that the wife is entitled to 50 percent of the retirement benefits of the husband and the said 50 percent shall be automatically deducted from the husband’s benefits and given directly to the wife.

The Armed Forces of the Philippines Finance Center (AFPFC) filed a petition questioning whether a military institution may be ordered to automatically deduct from the retirement benefits of its personnel, and to give the same directly to the latter’s lawful wife. The AFPFC reasoned that it cannot comply with the order of the court because of a law which prohibits the garnishment, levy or execution of their personnel’s benefits and because it is illegal to withhold money belonging to the public funds.

Based on Section 8(g) of R.A. 9262, the court has the power to direct the employer to withhold the appropriate amount from the Respondent’s salary and to automatically remit the same to the woman, despite what other laws provide. The Supreme Court ruled that Section 8(g) of R.A. 9262, which is a later law, should be understood to be an exception to the general rule prohibiting garnishment of the benefits. In addition, the Supreme Court declared that the law’s use of the term “employer” applies to all employers, whether private or government. (Republic of the Philippines represented by the Armed Forces of the Philippines Finance Center (AFPFC) vs. Yahon, G.R. No. 201043 [2014])