Republic v. Villasor
G.R. No. L-30671
November 28, 1973
Facts:
On July 3, 1961, a decision was rendered in favor of P. J. Kiener Co., Ltd., Gavino inchuan, and International Construction Corporation against the Republic of the Armed Forces of the Philippines (AFP). On June 24, 1969, Judge Guillermo Villasor issued an order declaring the that the decision for the AFP to pay Php1,712,396.40 was final and executory. The Alias Writ of Execution was served by the Provincial Sheriff of Rizal, Quezon City, on several banks. The funds sought to be garnished were allocated for the payment of pensions of retirees, pay and allowances of military and civilian personnel and for maintenance and operations of the AFP.
Issue:
Can the funds be validly levied upon?
Ruling:
No. The State may not be sued without its consent. From this, public funds cannot be the object of garnishment proceeding even if the consent to be sued had been previously granted. 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. Even if the money sought to be garnished is due to government employees, the fact that it is in the hands of public officers makes it not liable to the creditors in the process of garnishment. To subject its officers to garnishment would be to permit indirectly what is prohibited directly.
It's a Ping Thing 