Case Digest (G.R. No. L-61744)
Facts:
Municipality of San Miguel, Bulacan v. Hon. Oscar C. Fernandez, G.R. No. L-61744, June 25, 1984, Supreme Court First Division, Relova, J., writing for the Court.In Civil Case No. 604-B before the Court of First Instance of Bulacan, plaintiffs Margarita D. Vda. de Imperio, Adoracion, Rodolfo, Conrado, Ernesto, Alfredo, Carlos, Jr. and Juan Imperio, and spouses Marcelo Pineda & Lucila Pongco obtained a judgment dated April 28, 1978, ordering partial revocation of a deed of donation in favor of the Municipality of San Miguel, reconveyance of five lots (aggregate 4,646 sq. m.), restoration of ownership and possession, payment of rentals (P64,440.00 for 1970–1975) with legal interest, attorney’s fees and costs, and dismissal of the municipality’s counterclaim.
The judgment became final when the municipality’s appeal was dismissed for failure to file the record on appeal; that dismissal was affirmed by the Court of Appeals in CA-G.R. No. SP-12118 and by this Court in G.R. No. 59938. After finality, the private respondents moved for issuance of a writ of execution. On July 27, 1982, the presiding judge (respondent Fernandez) ordered issuance of a writ of execution, noting the entry of judgment in G.R. No. L-59938.
On July 30, 1982, petitioner filed a Motion to Quash the writ of execution, arguing that municipal funds are public funds exempt from execution; this motion was denied by the trial judge on August 23, 1982 and the alias writ remained in force. On September 13, 1982, the judge issued an order directing Municipal Treasurer Miguel C. Roura and Provincial Treasurer Agustin O. Talavera to comply with the money judgment, ordered municipal authorities to desist from interfering with plaintiffs’ possession, and gave defendants ten days to submit written compliance; failure to comply prompted an order for the treasurers’ arrest.
Petitioner then filed the present petition before the Suprem...(Pro-only)
Issues:
- Are the funds of the Municipality of San Miguel, Bulacan, in the hands of the Provincial and Municipal Treasurers public funds exempt from execution?
- May a writ of execution be enforced against municipal funds in the absence of a lawful appropriation (ordinance) and without following the enforcement procedures unde...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)