City of Caloocan Vs Hon. Allarde

CITY OF CALOOCAN vs. HON. MAURO T.
ALLARDE
G.R. No. 107271. September 10, 2003
CORONA, J.:
FACTS:
Marcial Samson, City Mayor of Caloocan City, through Ordinance
No. 1749, abolished the position of Assistant City Administrator and 17
other positions from the plantilla of the local government of Caloocan. Then
Assistant City Administrator Delfina Hernandez Santiago and the 17
affected employees of the City Government assailed the legality of the
abolition before the then Court of First Instance (CFI) of Caloocan City,
Branch 33. In 1973, the CFI declared the abolition illegal and ordered the
reinstatement of all the dismissed employees and the payment of their back
salaries and other emoluments. The City Government of Caloocan appealed
to the Court of Appeals. Respondent Santiago and her co-parties moved for
the dismissal of the appeal for being dilatory and frivolous but the appellate
court denied their motion.
The City Government of Caloocan paid respondent Santiago
P75,083.37 in partial payment of her backwages, thereby leaving a balance
of P530,761.91. Her co-parties were paid in full.3 In 1987, the City of
Caloocan appropriated funds for her unpaid back salaries. Respondent
Santiago exerted effort for the execution of the remainder of the money
judgment but she met stiff opposition from the City Government of
Caloocan. On February 12, 1991, Judge Mauro T. Allarde, RTC of Caloocan
City, Branch 123, issued a writ of execution for the payment of the
remainder of respondent Santiagos back salaries and other emoluments. For
the second time, the City Government of Caloocan went up to the Court of
Appeals and filed a petition for certiorari, prohibition and injunction to stop
the trial court from enforcing the writ of execution. The CA dismissed the
petition and affirmed the order of issuance of the writ of execution. One of
the issues raised and resolved therein was the extent to which back salaries
and emoluments were due to respondent Santiago.
In an order dated May 7, 1993, Judge Allarde ordered Sheriff Alberto
A. Castillo to immediately garnish the funds of the City Government of
Caloocan corresponding to the claim of respondent Santiago.9 On the same
day, Sheriff Alberto A. Castillo served a copy of the Notice of Garnishment
on the Philippine National Bank (PNB), Sangandaan Branch, Caloocan City.
When PNB immediately notified the City of Caloocan of the Notice of
Garnishment, the City Treasurer sent a letter-advice informing PNB that the
order of garnishment was "illegal," with a warning that it would hold PNB
liable for any damages which may be caused by the withholding of the funds
of the city. PNB opted to comply with the order of Judge Allarde and
released to the Sheriff a managers check amounting to P439,378. After 21

long years, the claim of private respondent Santiago was finally settled in
full.
On June 4, 1993, however, while the instant petition was pending, the
City Government of Caloocan filed yet another motion with this Court, a
Motion to Declare in Contempt of Court; to Set Aside the Garnishment and
Administrative Complaint against Judge Allarde, respondent Santiago and
PNB. Subsequently, the City Government of Caloocan filed a Supplemental
Petition formally impleading PNB as a party-respondent in this case.
ISSUE:
Validity of the garnishment of the funds of the City of Caloocan, as
well as the validity of the levy and sale of the motor vehicles belonging to
the City of Caloocan.
RULING:
The rule is and has always been that all government funds deposited
in the PNB or any other official depositary of the Philippine Government by
any of its agencies or instrumentalities, whether by general or special
deposit, remain government funds and may not be subject to garnishment or
levy, in the absence of a corresponding appropriation as required by law:11
Even though the rule as to immunity of a state from suit is relaxed, the
power of the courts ends when the judgment is rendered. Although the
liability of the state has been judicially ascertained, the state is at liberty to
determine for itself whether to pay the judgment or not, and execution
cannot issue on a judgment against the state. Such statutes do not authorize a
seizure of state property to satisfy judgments recovered, and only convey an
implication that the legislature will recognize such judgment as final and
make provision for the satisfaction thereof.
The rule is based on obvious considerations of public policy. The
functions and public services rendered by the State cannot be allowed to be
paralyzed or disrupted by the diversion of public funds from their legitimate
and specific objects, as appropriated by law.
However, the rule is not absolute and admits of a well-defined
exception, that is, when there is a corresponding appropriation as required by
law. Otherwise stated, the rule on the immunity of public funds from seizure
or garnishment does not apply where the funds sought to be levied under
execution are already allocated by law specifically for the satisfaction of the
money judgment against the government. In such a case, the monetary
judgment may be legally enforced by judicial processes.
Thus, in the similar case of Pasay City Government, et al. vs. CFI of
Manila, Br. X, et al.,14 where petitioners challenged the trial courts order
garnishing its funds in payment of the contract price for the construction of
the City Hall, we ruled that, while government funds deposited in the PNB
are exempt from execution or garnishment, this rule does not apply if an
ordinance has already been enacted for the payment of the Citys obligations
Upon the issuance of the writ of execution, the petitioner-appellants

moved for its quashal alleging among other things the exemption of the
government from execution. This move on the part of petitioner-appellants is
at first glance laudable for all government funds deposited with the
Philippine National Bank by any agency or instrumentality of the
government, whether by way of general or special deposit, remain
government funds and may not be subject to garnishment or levy. But
inasmuch as an ordinance has already been enacted expressly appropriating
the amount of P613,096.00 as payment to the respondent-appellee, then the
herein case is covered by the exception to the general rule x x x x
In view of the foregoing discourse, we dismiss petitioners unfounded
assertion, probably made more out of sheer ignorance of prevailing
jurisprudence than a deliberate attempt to mislead us, that the rule that
"public funds (are) beyond the reach of levy and garnishment is not
qualified by any condition."19

City of Caloocan Vs Hon. Allarde

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CITY OF CALOOCAN vs. HON. MAURO T.

released to the Sheriff a managers check amounting to P439,378. After 21

Upon the issuance of the writ of execution, the petitioner-appellants

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