Title
Tiro vs. HontaNo.s
Case
G.R. No. L-32312
Decision Date
Nov 25, 1983
Aurelio Tiro, enforcing Circular No. 21, barred Zafra Financing from collecting teachers' salaries via special powers of attorney. SC upheld the Circular's validity, ruling salaries remain government property until delivered, protecting public funds.

Case Digest (G.R. No. L-32312)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Aurelio Tiro, Superintendent of Schools in Cebu City, was sued in his official capacity by Zafra Financing Enterprise and Marcelino Zafra.
    • Zafra Financing Enterprise extended loans to public school teachers in Cebu City. The teachers executed promissory notes and special powers of attorney in favor of Zafra to allow the collection of their salary checks from the Division Office of the Bureau of Public Schools.
  • Conflict
    • Superintendent Tiro forbade the collection of the salary checks by Zafra, relying on Circular No. 21, series of 1969, issued by the Director of Public Schools.
    • Circular No. 21 prohibited payment of salary to persons other than the employee himself/herself, with certain exceptions such as immediate family members or upon authorization from appropriate authorities.
  • Proceedings Below
    • Zafra sought a declaration that Circular No. 21 was illegal, an order compelling Tiro to recognize the special powers of attorney, and payment of attorney’s fees and damages.
    • The trial court ruled in favor of Zafra, except it denied monetary claims against Tiro, acknowledging his good faith in enforcing the Circular.
  • Appeal
    • Tiro elevated the case through a petition for review to seek reversal of the lower court’s decision.

Issues:

  • Whether Circular No. 21, series of 1969, prohibiting payment of salary to persons other than the employee concerned except under specified exceptions, is valid and enforceable.
  • Whether the Circular violates the obligation of contracts between Zafra Financing Enterprise and public school teachers.
  • Whether Aurelio Tiro, as Superintendent of Schools, acted beyond his authority in refusing to honor the special powers of attorney presented by Zafra.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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