This case has been cited 2 times or more.
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2009-10-02 |
NACHURA, J. |
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| Even assuming that Cebu City Ordinance No. 1519 actually appropriated the amount of P3,284,400.00 for payment of just compensation â"€ thus, within the reach of a writ of garnishment issued by the trial court[12] â"€ there remains the inescapable fact that the Philippine Postal Bank account referred to in the ordinance does not actually exist, as certified to by the Bank. Accordingly, no writ of garnishment may be validly issued against such non-existent account with Philippine Postal Bank. This circumstance translates to a situation where there is no valid appropriation ordinance. | |||||
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2008-07-09 |
QUISUMBING, J. |
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| ...Where the action, therefore, is one of illegal detainer, as distinguished from one of forcible entry, and the right of the plaintiff to recover the premises is seriously placed in issue in a proper judicial proceeding, it is more equitable and just and less productive of confusion and disturbance of physical possession, with all its concomitant inconvenience and expenses. For the Court in which the issue of legal possession, whether involving ownership or not, is brought to restrain, should a petition for preliminary injunction be filed with it, the effects of any order or decision in the unlawful detainer case in order to await the final judgment in the more substantive case involving legal possession or ownership. It is only where there has been forcible entry that as a matter of public policy the right to physical possession should be immediately set at rest in favor of the prior possession regardless of the fact that the other party might ultimately be found to have superior claim to the premises involved, thereby to discourage any attempt to recover possession thru force, strategy or stealth and without resorting to the courts.[50] Needless to reiterate, grave and irreparable injury will be inflicted on the City of Naga by the immediate execution of the June 20, 2005 RTC Decision. Foremost, as pointed out by petitioner, the people of Naga would be deprived of access to basic social services. It should not be forgotten that the land subject of the ejectment case houses government offices which perform important functions vital to the orderly operation of the local government. As regards the garnishment of Naga City's account with the Land Bank, the rule is and has always been that all government funds deposited in official depositary of the Philippine Government by any of its agencies or instrumentalities, whether by general or special deposit, remain government funds. Hence, they may not be subject to garnishment or levy, in the absence of corresponding appropriation as required by law.[51] For this reason, we hold that the Notice of Garnishment dated August 23, 2006 is void. | |||||