Republic vs. 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.