Case Digest (G.R. No. 24950)
Facts:
VIUDA DE TAN TOCO, plaintiff and appellant, sued THE MUNICIPAL COUNCIL OF ILOILO for P42,966.40 as the purchase price of two strips of land on Calle J. M. Basa (592 sq. m.) and Calle Aldeguer (59 sq. m.); the Court of First Instance awarded damages and this Court affirmed. Execution issues led to the sheriff attaching municipal vehicles, police stations, and market buildings and lots; the provincial fiscal moved to dissolve the attachment, and by order of August 12, 1925 the court declared the attachment null and void, from which the plaintiff appealed by bill of exceptions.Issues:
- Were the municipal properties levied upon exempt from execution?
- Was mandamus the proper remedy to collect the judgment when the municipality had no property subject to execution?
Ruling:
The Court affirmed the trial court’s order dissolving the attachment and affirmed the judgment with cos Case Digest (G.R. No. 24950)
Facts:
- Parties and claim
- Viuda de Tan Toco, Plaintiff and Appellant, sued the Municipal Council of Iloilo, Defendant and Appellee, for PHP 42,966.40.
- The claim represented the purchase price of two strips of land: one on Calle J. M. Basa of 592 square meters, and one on Calle Aldiguer of 59 square meters, appropriated by the municipality for street widening.
- Trial and appeal
- The Court of First Instance of Iloilo rendered judgment directing the municipality to pay the amount claimed with interest.
- The judgment was affirmed on appeal by this Court (R. G. No. 22617, promulgated November 28, 1924, not reported).
- Execution and attachments
- The municipality lacked funds to satisfy the judgment, so the plaintiff obtained a writ of execution against municipal property.
- The sheriff attached two auto trucks used for street sprinkling, one police patrol automobile, the police stations on Mabini Street and in Molo and Mandurriao, and the concrete market structures with the corresponding lots used as markets by Iloilo, Molo, and Mandurriao.
- Motion to dissolve attachment and lower court order
- After notice of sale and a few days before the scheduled sale, the provincial fiscal of Iloilo moved in the Court of First Instance to dissolve the attachment and to declare it null and void as illegal and violative of the rights of the defendant municipality. ...(Subscriber-Only)
Issues:
- Primary legal issues presented
- Whether the municipal property attached (street-sprinkling trucks, police patrol automobile, police stations, and market buildings and lots) was exempt from attachment and execution.
- Whether the order of the Court of First Instance dissolving the attachment and declaring it null and void was proper.
- Ancillary procedural and remedial issue
- Whether, in the abs...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)