Republic vs. Villasor

Facts:

The petition for certiorari and prohibition was filed by the Republic of the Philippines on July 7, 1969, challenging an order of respondent Judge Guillermo P. Villasor (then of the Court of First Instance of Cebu, Branch I) dated June 24, 1969 that declared final and executory a decision rendered on July 3, 1961 in Special Proceedings No. 2156-R. The 1961 decision confirmed an arbitration award in favor of private claimants P. J. Kiener Co., Ltd., Gavino Unchuan, and International Construction Corporation (the judgment-creditors). Respondents admitted the facts but placed the total award at a different amount.

Pursuant to Judge Villasor’s June 24, 1969 order, an alias writ of execution dated June 26, 1969 was issued, and on its strength the Provincial Sheriff of Rizal and the Sheriffs of Quezon City and Manila served garnishment notices (June 28–30, 1969) on several banks to attach “monies due the Armed Forces of the Philippines” held on deposit to satisfy the judgment. The petition alleged that the funds sought to be garnished were public funds appropriated for AFP pensions, pay, allowances and maintenance, as certified by the AFP Comptroller on July 3, 1969.

The Republic alleged that Judge Villasor acted in excess of his jurisdiction, or with grave abuse of discretion amounting to lack of jurisdiction, in permitting execution against public funds; it sought writs of certiorari and prohibition to nullify the order and the alias writ and to enjoin the sheriffs. The respondents filed an answer admitting the factual allegations (with a di...(Pro-only)

Issues:

• Did respondent Judge Guillermo P. Villasor act in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction in declaring executory the July 3, 1961 decision and in issuing an alias writ of execution against funds of the Armed Forces of the Philippines?

• Are the funds of the Armed Forces of the Philippines held in bank deposits subject to garnishment or levy under an alias writ of execution notwithstan...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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