T U E S D AY, J A N U A RY 5 , 2 0 1 0

Municipality of Makati vs. Court of Appeals

G.R. Nos. 89898-99 October 1, 1990
Facts: Petitioner Municipality of Makati expropriated a portion
of land owned by private respondents, Admiral Finance
Creditors Consortium, Inc. After proceedings, the RTC of
Makati determined the cost of the said land which the
petitioner must pay to the private respondents amounting to
P5,291,666.00 minus the advanced payment of P338,160.00.
It issued the corresponding writ of execution accompanied
with a writ of garnishment of funds of the petitioner which
was deposited in PNB. However, such order was opposed by
petitioner through a motion for reconsideration, contending
that its funds at the PNB could neither be garnished nor levied
upon execution, for to do so would result in the disbursement
of public funds without the proper appropriation required
under the law, citing the case of Republic of the Philippines v.
Palacio.The RTC dismissed such motion, which was appealed
to the Court of Appeals; the latter affirmed said dismissal and
petitioner now filed this petition for review.
Issue: Whether or not funds of the Municipality of Makati are
exempt from garnishment and levy upon execution.
Held: It is petitioner's main contention that the orders of respondent
D I GE S T Y OU R L AW
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RTC judge involved the net amount of P4,965,506.45, wherein the
funds garnished by respondent sheriff are in excess of P99,743.94,
which are public fund and thereby are exempted from execution
without the proper appropriation required under the law. There is merit
in this contention. In this jurisdiction, well-settled is the rule that public
funds are not subject to levy and execution, unless otherwise provided
for by statute. Municipal revenues derived from taxes, licenses and
market fees, and which are intended primarily and exclusively for the
purpose of financing the governmental activities and functions of the
municipality, are exempt from execution. Absent a showing that the
municipal council of Makati has passed an ordinance appropriating the
said amount from its public funds deposited in their PNB account, no
levy under execution may be validly effected. However, this court
orders petitioner to pay for the said land which has been in their use
already. This Court will not condone petitioner's blatant refusal to settle
its legal obligation arising from expropriation of land they are already
enjoying. The State's power of eminent domain should be exercised
within the bounds of fair play and justice.
.
POSTED BY MADZARELLA AT 10:47 PM SHARETHI S SHARETHI S
LABELS: MUNI CI PALI TY OF MAKATI VS. CA, MUNI CI PALI TY OF MAKATI VS. CA
CASE DI GEST, PUBLI C CORPORATI ON LAW, TAX 1
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