Case Digest (G.R. No. L-3485)
Facts:
The Municipality of Paoay, Ilocos Norte v. Teodoro Manaois and Eulogio F. De Guzman, G.R. No. L-3485, June 30, 1950, the Supreme Court, Montemayor, J., writing for the Court (Ozaeta, Pablo, Bengzon, Tuason, and Reyes, JJ., concurring).
Petitioner Municipality of Paoay is the defendant in Civil Case No. 8026 in the Court of First Instance of Pangasinan, in which Teodoro Manaois obtained judgment against the municipality. To enforce that judgment, Judge Eulogio F. De Guzman issued a writ of execution and the Provincial Sheriff of Ilocos Norte levied upon (1) P1,712.01 in the municipal treasury (rental paid by Demetrio Tabije for a fishery lot) and (2) about forty fishery lots that the Municipality had leased to some thirty-five persons.
On July 26, 1949 the Provincial Fiscal, representing the Municipality, petitioned the Court of First Instance of Pangasinan to dissolve the levy and attachment. Judge De Guzman denied the petition by order dated October 6, 1949, and denied a motion for reconsideration. Instead of appealing that interlocutory order, the Municipality filed a petition for certiorari in this Court with a prayer for a preliminary injunction seeking reversal of the October 6, 1949 order and dissolution of the attachment.
The dispute required examination of the nature of the attached fishery lots. The municipality had long parceled and leased municipal waters for fishing. In 1937 it contracted with Francisco V. Duque to lease fishery lots 3–8 for four years; the council in 1938 declared Duque’s lease confiscated for noncompliance and readvertised the lots. A Municipal Council resolution of December 1, 1938 awarded lots 3–8 to Teodoro Manaois; Manaois paid P2,025 for the 1939 rentals but was prevented from taking possession by Duque. Manaois sued the Municip...(Pro-only)
Issues:
- Are the fishery lots (the usufruct or right of fishery over municipal waters) levied upon by the sheriff subject to levy and execution to satisfy a judgment against the Municipality of Paoay?
- Is the sum of P1,712.01 in the municipal treasury representing rental payments, and other amounts due from lessees of the fishery lots, sub...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)