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Phil. National Railways vs. Union De Maquinistas, et al

PHILIPPINE NATIONAL RAILWAYS, petitioner, vs. UNION DE MAQUINISTAS, FOGONEROS y MOTORMEN and THE COURT OF INDUSTRIAL RELATIONS, respondents.

G.R. No. L-31948 | 1978-07-25

D E C I S I O N

FERNANDO, J:

The main issue posed in this certiorari proceedings, whether or not the funds of the Philippine National Railways could be garnished or levied upon on execution, was resolved in two recent decisions, Philippine National Bank v. Court of Industrial Relations, 1 and Philippine National Bank v. Honorable Judge Pabalan. 2 This Court, in both cases, answered the question in the affirmative. There was no legal bar to garnishment or execution. The argument based on the non-suability of a state allegedly because the funds are governmental in character was unavailing. 3 So it must be again. The other ground alleged to...