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    Constitutional Law II Case 8

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    Gerome Nebreja

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    © All Rights Reserved
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    Constitutional Law II Case 8

    Uploaded by

    Gerome Nebreja
    9 views1 page

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    9 views1 page

    Constitutional Law II Case 8

    Uploaded by

    Gerome Nebreja

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    8

    REPUBLIC OF THE PHILIPPINES, petitioner,


    vs.
    HON. GUILLERMO P. VILLASOR, as Judge of the Court of First Instance of Cebu, Branch I,
    THE PROVINCIAL SHERIFF OF RIZAL, THE SHERIFF OF QUEZON CITY, and THE SHERIFF
    OF THE CITY OF MANILA, THE CLERK OF COURT, Court of First Instance of Cebu, P. J.
    KIENER CO., LTD., G

    G.R. No. L-30671 November 28, 1973

    https://lawphil.net/judjuris/juri1973/nov1973/gr_30671_1973.html

    FACTS:

    On July 3, 1961, a decision was rendered in Special Proceedings No. 2156-R in favor of
    respondents P. J. Kiener Co., Ltd., Gavino Unchuan, and International Construction Corporation,
    and against the herein petitioner. Respondent Honorable Guillermo P. Villasor, issued an Order
    declaring the aforestated decision final and executory, directing the Sheriffs of Rizal Province,
    Quezon City, and Manila to execute the said decision.

    The funds of the Armed Forces of the Philippines (AFP) are public funds duly appropriated
    and allocated for the payment of pensions of retirees, pay and allowances of military and civilian
    personnel and for maintenance and operations of the AFP. The said fund were put on notice for
    garnishment upon the writ of execution order of Hon. Guillermo P. Villasor. Hence, the petition for
    certiorari and prohibition.

    ISSUE:

    Whether Hon. Guillermo P. Villasor acted in excess of jurisdiction with grave abuse of
    discretion amounting to lack of jurisdiction in granting the issuance of an alias writ of execution
    against the properties of the Armed Forces of the Philippines

    RULING:

    Yes. It is a fundamental postulate of constitutionalism flowing from the juristic concept of


    sovereignty that the state as well as its government is immune from suit unless it gives its consent.
    Such a well-settled doctrine was restated in the opinion of Justice Teehankee: "The universal rule
    that where the State gives its consent to be sued by private parties either by general or special law,
    it may limit claimant's action 'only up to the completion of proceedings anterior to the stage of
    execution' and that the power of the Courts ends when the judgment is rendered, since government
    funds and properties may not be seized under writs of execution or garnishment to satisfy such
    judgments, is based on obvious considerations of public policy. Disbursements of public funds must
    be covered by the corresponding appropriation as required by law. The functions and public services
    rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public
    funds from their legitimate and specific objects, as appropriated by law."

    WHEREFORE, the writs of certiorari and prohibition are granted.

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