Back

Sebastian Cosculluela vs. Court of Appeals

SEBASTIAN COSCULLUELA, petitioner, vs. THE HONORABLE COURT OF APPEALS and the REPUBLIC OF THE PHILIPPINES, represented by NATIONAL IRRIGATION ADMINISTRATION, respondents.

G.R. No. L-77765 | 1988-08-15

D E C I S I O N


GUTIERREZ, JR., J.:

This is a petition for review on certiorari which seeks to set aside the decision of the Court of Appeals nullifying the orders of the trial court on the ground that said orders in effect, sought the enforcement of a writ of execution against government funds. The petitioner contends that to set aside the writ of execution would be an abridgment of his right to just compensation and due process of law. The public respondents on the other hand, state that government funds cannot be disbursed without proper appropriation and that a writ of execution cannot legally issue against the State.

On March 8,...