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Letter-Mapa Writ of Exec

This letter from the Commission on Audit responds to a motion for a writ of execution regarding a civil case against the Department of Public Works and Highways. It summarizes Supreme Court rulings that government funds and properties cannot be seized to satisfy judgments, as disbursements must follow appropriations. It also notes that before a judgment can be executed, a money claim petition must first be filed with the Commission on Audit, along with fees, in accordance with its rules and procedures.

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Ana Gina Esquivel
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235 views2 pages

Letter-Mapa Writ of Exec

This letter from the Commission on Audit responds to a motion for a writ of execution regarding a civil case against the Department of Public Works and Highways. It summarizes Supreme Court rulings that government funds and properties cannot be seized to satisfy judgments, as disbursements must follow appropriations. It also notes that before a judgment can be executed, a money claim petition must first be filed with the Commission on Audit, along with fees, in accordance with its rules and procedures.

Uploaded by

Ana Gina Esquivel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

COMMISSION ON AUDIT
Regional Office No. V
Rawis, Legazpi City

Telefax. Nos. : 482-0547; 482-0548

OFFICE OF THE REGIONAL DIRECTOR

March 7, 2018

Atty. Expedito B. Mapa


075 Baras
Canaman, Camarines Sur

Dear Atty. Mapa:

This pertains to your Motion for Writ of Execution dated November 13, 2017 relative
to Civil Case No. 908, entitled “Antonio Brillo vs. The Hon. Secretary, Department of Public
Works and Highways”, copy furnished this Commission.

Please be informed that on October 25, 2000, the Supreme Court issued
Administrative Circular No. 10-2000 1 which we quote in part, thus:

Judges should bear in mind that in Commissioner of Public Highways v. San


Diego (31 SCRA 617, 625 [1970]), this Court explicitly stated:

The universal rule that where the State gives its consent to be
sued by private parties either by general or special law, it may
limit claimant's action 'only up to the completion of
proceedings anterior to the stage of execution' and that the
power of the Courts ends when the judgment is rendered, since
government funds and properties may not be seized under writs
of execution or garnishment to satisfy such judgments, is based
on obvious considerations of public policy. Disbursements of
public funds must be covered by the corresponding
appropriation as required by law. 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.
Moreover, it is settled jurisprudence that upon determination of State liability,
the prosecution, enforcement or satisfaction thereof must still be pursued in
1
Exercise of Utmost Caution, Prudence and Judiciousness in the issuance of Writs of Execution to Satisfy
Money Judgments against Government Agencies and Local Government Units.

1
accordance with the rules and procedures laid down in P.D. No. 1445,
otherwise known as the Government Auditing Code of the
Philippines (Department of Agriculture v. NLRC, 227 SCRA 693, 701-02
[1993] citing Republic vs. Villasor, 54 SCRA 84 [1973]). All money claims
against the Government must first be filed with the Commission on Audit
which must act upon it within sixty days. Rejection of the claim will authorize
the claimant to elevate the matter to the Supreme Court on certiorari and in
effect sue the State thereby (P.D. 1445, Sections 49-50).
xxx

Relative thereto, before execution of a judgment can be effected, a Petition for Money
claim should first be filed before the Commission Proper in accordance with Section 2, Rule
VIII of the Revised Rules and Procedures of the Commission on Audit (RRPC), together with
the proof of payment of the corresponding filing and legal research fees pursuant to COA
Resolution 2008-005 dated February15, 2008 and Section 5, Rule 1X of the RRPC, as
amended by COA Resolution No. 2013-016 dated August 23, 2013.

Very truly yours,

ROLAND A. REY
Director IV

Copy furnished:

Assistant Commissioner Elizabeth S. Zosa


General Counsel
Legal Services Sector
This Commission

The Honorable Judge


Municipal Trial Court
5th Judicial Region
Baao, Camarines Sur

RO 5 - LS
RAR/LSA/WNG//MFAQ/age
RCV-2018-02-26-11423
Letter-Mapa writ of exec

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