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Villasor (Consti1)
Republic of the Philippines, petitioner, vs. Hon.
Guillermo P. Villasor, as Judge of the Court of First
Instance of Cebu, Branch I, the Provincial Sheriff of
Rizal, the Sheriff of the City of Manila, the Clerk of
Court of First Instance of Cebu, P.J. Kiener Co., Ltd.,
Gavino Unchuan, and International Construction
Corporation, respondents.
November 28, 1973
Fernando, J:
Facts:
The decision that was rendered in favor of
respondents P.J. Kiener Co., Ltd, Gavino Unchuan and
International Construction Corporation was declared
final and executory by Respondent Hon. Guillermo P.
Villasor.
Pursuant to the said declaration, the corresponding
Alias Writ of Execution was issued. And for the strength
of this writ, the provincial sheriff served notices of
garnishment with several banks, specially on the
'monies due the Armed Forces of the Philippines in the
form of deposits; the Philippines Veterans Bank
received the same notice of garnishment.
The funds of the AFP on deposit with the banks are
public funds duly appropriated and allocated for the
payment of pensions of retireees, pay and allowances
of military and civillian personnel and for maintenance
and operations of AFP.
Petitioner filed a petition against Villasor for acting in
excess jurisdiction amounting to lack of jurisdiction in
granting the issuance of a Writ of Execution against the
properties of AFP, hence the notices and garnishments
are null and void.
Issue:
Whether or not the Writ of Execution issued by
respondent Judge Villasor is valid.
Held:
No
Ratio:
What was done by respondent Judge is not in
conformity with the dictates of the Constitution. It is a
fundamental postulate of constitutionalism flowing
from the juristic concept of sovereignty that the state
and its government is immune from suit unless it gives
its consent. A sovereign is exempt from suit not
because of any formal conception or obsolete theory
but on the logical and practical ground that there can
be no legal right as against the authority that makes
the law on which the right depends.
REPUBLIC VS. VILLASOR, ET AL.