Republic vs Villasor; G.R. No. L-30671; 28 Nov 1973; 54 SCRA 83

FACTS:
A decision was rendered in Special Proceeding No. 2156-R confirming the arbitration award in favor of respondents. The award is for the satisfaction of a judgment against the Philippine government.

ISSUE(S):
Whether or not the writ of execution issued by respondent judge is valid.

HELD:
NO. What was done by Judge Villasor is not in conformity with the dictates of the Constitution. It is the fundamental postulate of the sovereignty that the State as well as its government is immune from suit unless it gives its consent.

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 claimant’s action only up to the completion of proceedings anterior to the stage of execution and that the power of the Courts end when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgment. Disbursement of public funds must be covered by the corresponding appropriation as required by law.

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Category: Legal Chyme

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