Dept of Agriculture vs NLRC; G.R. No. 104269; 11 Nov 1993; 227 SCRA 693

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Several guards filed a complaint for underpayment of wages, 13th month pay, uniform allowance, night shift differential pay, holiday pay and overtime pay as well as for damages before the Regional Arbitration.

Whether or not the doctrine of nonsuability applies.

YES. The universal rule that where the State gives its consent to be sued by private parties either by general or special law, it may limit the claimant’s action only up to the completion of proceedings anterior to the stage of execution and that the power of the courts ends when judgment is rendered, since government fund and properties may not be seized under writs of execution or garnishments to satisfy such judgment is based on obvious consideration of public policy.

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