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The Commissioner of Public Highways vs. San Diego 31 SCRA 616

THE COMMISSIONER OF PUBLIC HIGHWAYS and the AUDITOR GENERAL, petitioners, vs. HON. LOURDES P. SAN DIEGO as Presiding Judge of the Court of First Instance of Rizal, Branch IX, sitting in Quezon City, TESTATE ESTATE OF N. T. HASHIM (Special Proceedings No. 71131 of the Court of First Instance of Manila) represented by its Judicial Administrator, Tomas N. Hashim, TOMAS N. HASHIM, personally, and as Judicial Administrator of the Estate of Hashim, Special Proceedings No. 71131 of the Court of ]First instance of Manila, ALL THE LEGAL OR TESTAMENTARY HEIRS of the Estate of Hashim, MANUELA C. FLORENDO, personally as Deputy Clerk, Court of First Instance of Rizal, Quezon City, Branch IX, BENJAMIN GARCIA as "Special Sheriff" appointed by respondent Judge Lourdes P. San Diego, BENJAMIN V. CORUÑA, personally and as Chief Documentation Staff, Legal Department, Philippine National Bank, and the PHILIPPINE NATIONAL BANK, respondents.

G.R. No. L-30098 | 1970-02-18

EN BANC
 
TEEHANKEE, J.:
 
In this special civil action for certiorari and prohibition, the Court declares null and void the two questioned orders of respondent Court levying upon funds of petitioner Bureau of Public Highways on deposit with the Philippine National Bank, by virtue of the fundamental precept that government funds are not subject to execution or garnishment.
 
The background facts follow:
 
On or about November 20, 1940, the Government of the Philippines filed a complaint for eminent domain in the Court of First Instance of Rizal1 for the expropriation of a parcel of land belonging to N. T. Hashim, with an area...