DOJ Opinion No. 003, s. 1992

DOJ OPINION NO. 003 , s. 1992 January 8, 1992 Commissioner Jose U. Ong Bureau of Internal Revenue Quezon City Sir : This refers to your request for an "impartial resolution" of the claim of Mrs. Angeles Singson Todio, alleged estranged wife of Director Honorio A. Todio, that Bureau, for a share in all the monetary benefits which may be due the latter upon his retirement from the service on December 30, 1991. We regret we are constrained to decline rendition of the desired resolution on the aforesaid claim as it relates to the payment of the retirement benefits of a retired government employee over which the Government Service Insurance System (GSIS) has original jurisdiction (Sec. 24, P.D. No. 1146 ["Revised Government Insurance Act of 1977"]). As a matter of propriety and official courtesy, the Secretary of Justice does not pass upon matters pertaining to the official cognizance of another office or agency, unless requested by such office or agency (Secretary of Justice Op. No. 72, s. 1983; No. 147, s. 1987). Moreover, the Secretary of Justice does not resolve/decide cases involving the determination of questions of fact (DOJ Op. No. 7, s. 1972; No. 67, s. 1984; No. 5, s. 1985; No. 159, s. 1988) or those issues which are justiciable in nature. In whatever way we resolve the issue/s, our resolution would not be binding upon the parties whose substantive rights may be affected thereby and who may, in all probability, challenge our resolution before the appropriate court (Id., Op. Nos. 43 and 126, s. 1979; No. 73, s. 1983; No. 36, s. 1984; No. 31, s. 1985). cdll We suggest that the claimant be advised to elevate the matter to the Government Service Insurance System. Very truly yours, (SGD.) SILVESTRE H. BELLO III Acting Secretary