February 14, 2016

To:

HON. ERNESTO G. CAROLINA

PVAO Administrator
Philippine Veterans Affairs Office
Camp Gen. Emilio Aguinaldo,
Quezon City

In Re: In the matter of disapproved application for old age pension of

LIGAYA A. BARBOSA, widow of the late PATERNO C. BARBOSA
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APPEAL
COMES now the undersigned claimant-appellant, LIGAYA A. BARBOSA, for and in her
own behalf, unto this Honorable Office, most respectfully alleges:
STATEMENT OF FACTS
1. This pertains to the application for old age pension that has been disapproved on the
basis that Rosa E. Barbosa, was the one who legally married, and the documents she
presented was questionable.
2. That herein claimant-appellant was married to the above deceased veteran who died on
January 24, 1998 at Bagong Silang, Caloocan City;
3. That, insofar as her recollections are concerned; their marriage was solemnized on June
08, 1951 at Echague, Iabela, by a municipal Judge.
4. That their union was blessed with one child namely JAIME BARBOSA, who was born on
January 26, 1954 at Old Centro, San Mateo, Isabela, and for you kind perusal, the
photocopy of NSO issued live birth certificate is hereto attached and marked as Annex
A.
5. They were barely starting their marriage life when their relationship begun to get sour,
they always engaged into verbal tussle against each other. One of the issues they
always disagreed upon was above decedent, during his lifetime, had the penchant of
being a womanizer, and until such time their relationship had led to end, due to
difficulties on meeting their ends.
6. They decided to parted ways, wherein herein claimant-appellant has moved back in her
hometown at Iba, Zambalez, and lived by herself, unfortunately, her husband deprived
herein to carry her child with her going to Iba, Zambalez, and since then their child has
left at the custody of Paterno Barbosa.
7. Claimant-appellant had cut her communication with her husband and she had no
updates with the latter for so many years had passed, until a certain Rosa E. Barbosa,
appeared to her house in Iba, Zambales, to inform her that Paterno had already passed
away last January 24, 1998.
8. That Rosa had told also the appellant that they got married and have been living in
Caloocan City. That Rosa narrated to her that she was always mentioned by SSgt
Paterno, which sometimes Rosa got a little bit jealous. Rosa also learned from Paterno,
during his lifetime, that he sired his son, Jaime Barbosa, with herein appellant, where
Rosa was the one who had taken care of him during his tender years, and had been in
her custody while SSgt Barbosa was assigned away from them to performing his
service.
9. It was unfortunate that appellant learned from Rosa that her son Jaime was incarcerated
for the crime of rape, long before had Rosa found herein appellant, this was confirmed
when she tried to visit his son, but he was no longer detained in Muntinlupa Jail, who
could only secured a copy of certificate of confinement issued by Muntilupa City Jail
which made as integral parts hereof as Annex B.

10. As to the application of Rosa Barbosas pension claim, It was so happened that her
application over the pension claim due the late SSgt Barbosa had been disapproved on
the ground that herein claimant-appellant was the one who reflects in the military service
rfecords (as Annex C), as she was the one who declared as wife and sole beneficiary
of the aforenamed deceased veteran.
11. That Rosa divulged to appellant on April 11, 2005, that she inquired from NSO, wherein
she was able to secure a copy of CENOMAR (as Annex D) with date of marriage she
indicated as December 30, 1953, and in spite of the said copy of CENOMAR, her
application still not given due course.
12. Thus, Rosa convinced herein appellant to tell PVAO that she was not entitled to the said
claim but Rosa Barbosa, but the PVAO employees who disapproved her claims kept
insisting that it was the appellant was the one entitled to the said pension due top SSgt.
Paterno Barbosa, as her name Ligaya Abella Barbosa, indicates in the military
service record of the said deceased veteran.
13. With the incessant insisting that the undersigned appellant was the one who entitles the
said claim, as such, Rosa executed a duly notarized WAIVER OF RIGHTS, dated
January 30, 2014, in favor herein complainant, (for reference, the copy of duly
notarized Waiver of Rights is attached herewith as Annex E which made as forms
part hereof).
14. Since undersigned appellant was lacked of financially capacity to pursue the claim,
considering the need of the pertinent documents, it was Rosa Barbosa who defrayed all
the expenses, to the effect, she gave appellant a monetary expenses to travel back and
forth, going to Iba, Zambales back to Manila, to retrieve the original copy of marriage
certificate her baul, but the only document she could save was the antiquated original
copy of the live birth certificate of her son, Jaime Barbosa, which was already submitted
to PVAO division claims, but appellant had a photocopy of the same which made as
integral parts hereof and marked as Annex F.
15. It was however, that Rosa handed pieces of documents consisting the copies of NSO
issued marriage certificate between SSgt Babrbosa and herein appellant, both copies of
their live birth certificates and death certificate of SSgt Paterno Barbosa, which the
original copies of which were already submitted also to the PVAO claims division, and
among these documents, only the marriage certificate was remained which made as
forms part hereof and marked as Annex G.
16. That appellant asked Rosa where did she get the aforesaid copies of certificates, she
answered that she got it through an errand persons whom she hired to secure them from
NSO, Quezon City main branch.
17. Appellant was in good faith in presenting the said documents, along with the documents
she personally secured, to PVAO claims division.
18. Thereafter she submitted all the documents in her to PVAO claims division, she was
then instructed to secure an original copy of marriage contract from Echague, Isabela,
which took her months for lack of funds, and on and off illness, but she was able to
secure a copy of the same, but Echague OLCR had issued only a copy of certificate (as
Annex H), certifying that their records from January 1951 to December 1951 were
destroyed beyond recovery by termites and it would have been allegedly the marriage
contract filed therein was among the records that was destroyed.
19. When the appellant returned to PVAO, to submit the copy of the certificate issued by
Echague OLCR, too her surprised, all the documents that Rosa made her to present in
PVAO has initially assessed as questionable as there was no records in the NSO that
corresponds with the information contained in the documents given by Rosa, and this
time, it was now Rosa has entitlement over the pension of due to SSgt Paterno Barbosa.
20. On that juncture, appellant had object the decision of the PVAO claims division, as she
believes that the documents she presented were all genuine, part of them personally
secured has more weigh that would justify her claim as she was the one who first
married by SSgt Paterno Barbosa, as marriage between Rosa and the latter, was
celebrated during the subsistence of the appellants marriage with Paterno. Though, the
marriage, as of this writing of this appeal, solemnized between Rosa and Paterno, herein
appellant still she had no basis as to its precise date, but herein appellant, in her honest

belief, that her marriage must be the one much be given weigh as she was really
married to Paterno on January 8, 1951.
21. That she was advised to appeal the denial of her application for pension claim. Hence,
the instant appeal.
COMMENTS, DISCUSSIONS, RULINGS AND ARGUMENTS
22. With all due respect unto this Honorable Adjudicating Office, herein claimant-appellant
would like to manifest that the documents she presented pertaining to Rosa Barbosa
secured had been assessed as non-genuine, but their authenticity, whether or not, are
still a question of fact.
23. Apparently, the documents, which Rosa made the appellant to submit the same in
PVAO, it was beyond her control that the same was allegedly tainted with defects, and at
this point in time, Rosa Barbosa was no longer be located her whereabouts, which
appellant respectfully move to struck out the said questioned documents, and instead
the copies she presented, which she could vouched their authenticity such as the
certificate issued by Echague, Isabela OLCR, dated January 25, 2016, certifying that
marriages registered from 1951 to present were enrolled from their archives, however,
from January 1951 to December 1951, all records from their office within the said period
were destroyed by termites and white ants, thus unable to produce such copy;
24. Likewise the NSO issued live birth certificate of her son, Jaime Barbosa, was also
genuine, as she personally secured its latest copy from the Philippine Statistics Authority
(formerly NSO), in Quezon City.
25. She firmly and voraciously affirms that Ligaya Abella - Barbosa is no other than but the
undersigned / herein appellant. It is however, she was still in the process in finding the
number of competent witnesses that would corroborate to her identity and personal
circumstances, which she further request that she be given ample time to submit the
same in the future, as soon she could secure the testimony of relatives or the relatives of
her husband, but might be a hard time on her part since they have not been seeing with
each other for a very long time since then she got separated from her husband.
26. In the case of Vda. Avenido vs. Avenido, the Supreme Court held that:
While a marriage certificate is considered the primary evidence of a marital union, it is
not regarded as the sole and exclusive evidence of marriage. Jurisprudence teaches that the
fact of marriage may be proven by relevant evidence other than the marriage certificate. Hence,
even a persons birth certificate may be recognized as competent evidence of the marriage
between his parents.

The starting point then, is the presumption of marriage.

As early as the case of Adong v. Cheong Seng Gee, this Court has elucidated on the
rationale behind the presumption:

The basis of human society throughout the civilized world is that of

marriage.1wphi1 Marriage in this jurisdiction is not only a civil contract,
but it is a new relation, an institution in the maintenance of which the
public is deeply interested. Consequently, every intendment of the law
leans toward legalizing matrimony. Persons dwelling together in apparent
matrimony are presumed, in the absence of any counter-presumption or
evidence special to the case, to be in fact married.
The reason is that such is the common order of society, and if the parties
were not what they thus hold themselves out as being, they would be
living in the constant violation of decency and of law. A presumption
established by our Code of Civil Procedure is that a man and a woman
deporting themselves as husband and wife have entered into a lawful
contract of marriage.

(Sec. 334, No. 28) Semper praesumitur pro

matrimonio Always presume marriage.

27. In the case at bar, the fact of marriage between herein appellant and the late SSgt
Barbosa can be established through secondary evidence the live birth certificate of their
son, Jaime Barbosa, and on the military service record of the said late veteran, as it can
be gleaned that on the former documents, it indicates that his parents, herein appellant
and Paterno Barbosa were married, and as to the latter document, it indicates that the
latter has declared that the former was his wife and sole beneficiary.

28. Herein appellant enclosed herewith the copy of Certificate from NSO (as Annex I),
Manila, dated September 18, 1993, as it can be gleaned that there could be no way that
the marriage between Paterno and herein appellant be retrieved on the basis that
records from 1932 to 1945 were totally destroyed during the liberation of Manila.

29. In view of the foregoing, the undersigned respectfully prays that all the documents she
presented be given weighs and her application for claims due her late husband be
granted as she already in her twilight years and asks for reconsideration and
compassion to reconsider her application that she has been longing for.

30.

That undersigned will be highly appreciated if her instant appeal given utmost
consideration.

31. Other just and equitable reliefs are equally prayed for.

Respectfully yours,

LIGAYA A. BARBOSA
Claimant/ Appellant