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G.R. No. 154200 NATIONAL ELECTRIFICATION ADMINISTRATION vs DANILO MORALES July 24, 2007
FACTS: Danilo Morales and 105 other employees of the NEA led with the R Branh !!, "#e$on City, a lass s#it a%ainst their employer for payment of allo allowa wan ne, e, meal meal allow allowan ane e,, medi medial al&& dent dental al &opt &opti ial al allow allowan ane e,, h allowane and lon%e'ity pay p#rportedly a#thori$ed #nder RA No( )*5!( The %ranted the petition( +pon Motion, the RTC iss#ed a rit of E-e#tion an Notie of .arnishment was iss#ed a%ainst the f#nds of NEA with DB/ amo#n to /1),5!1,2(00( NEA led a Motion to "#ash rits of E-e#tion&.arnishm laimin laimin% % that that the %arnis %arnished hed p#3li p#3li f#nds f#nds are are e-empt e-empt from from e-e# e-e#tio tion n 4etion of /D No( 15, 3#t manifestin% that it is willin% to pay the laims o that that it has has no f#nd f#nds s to o'e o'err the the same, same, altho altho#% #%h h it alre alread ady y re# re#es este te Department of B#d%et and Mana%ement 6DBM7 for a s#pplemental 3#d%et( denied the Motion to "#ash 3#t held in a3eyane the implementation of the of E-e#tion( Morales, et al( led a /artial Motion for Reonsideration 3#t the denied it( 8n a letter dated 9#ne !, 000, former DBM 4eretary Ben:amin E( Dio informed NEA of the denial of its re#est for a s#pplemental 3#d%et on %ro#nd that the laims #nder R(A( No( )*5! whih the RTC had ordered to settled annot 3e paid 3ea#se Morales, et al( are not in#m3ents of position of 9#ly 1, 12!2 who are at#ally reei'in% and en:oyin% s#h 3enets( Moreo in an 8ndorsement dated Marh <, 000, the C=A ad'ised NEA a%ainst ma; f#rther payments in settlement of the laims of Morales, et al(( Apparently, C had already passed #pon laims similar to those of Morales, et al( in its ea Deision dated 9an#ary 5, 1225( Reords do not indiate when Morales, e were appointed( E'en the Deem3er 1), 1222 RTC Deision is 'a%#e for it me states that they were appointed after 9#ne <0, 12!2, whih o#ld mean that t were appointed either 3efore the #t>o? date of =to3er <1, 12!2 or after( Th there is not eno#%h 3asis for this Co#rt to determine that the fore%oin% C Deision No( 25>0* ad'ersely a?ets Morales, et al( Morales, et al( led a Motion to 8mplement the rit of E-e#tion, poin o#t that the reason ited in the May 1*, 000 RTC =rder for s#spension of implementation of the writ of e-e#tion no lon%er e-ists %i'en that DBM alre denied NEAs re#est for f#ndin%( The same was denied( The RTC RTC iss#ed an ri dated 9an#ary !, 001, denyin% the Motion for an =rder to 8mplement Sign up to vote on this title E-e#tion( A /etition for Certiorari was led 3efore the CA whih was %ran Notheld useful that, 3ein Useful CA diretin% the 8mplementation of the rit of E-e#tion( .=CC, petitioner NEA may 3e s#3:eted to o#rt proesses :#st li;e any ot orpora orporatio tion@ n@ sp spei eia ally lly its proper propertie ties s may 3e proe proeeded eded a%ains a%ainstt 3y wa
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re#irin% petitioners to settle the laims of respondents in aordane e-istin% re%#lations of the C=A(
8n its plain te-t, the RTC Deision merely direts petitioners to settle the laim respondents and other employees similarly sit#ated( 8t does not re petitioners to pay a ertain s#m of money to respondents( The :#d%ment is for the performane of an at other than the payment of money, implementa of whih is %o'erned 3y 4etion 11, R#le <2 of the R#les of Co#rt, pro'ides
4etion 11( Execution of special judgments( > hen a :#d%ment re#ires performane of any at other than those mentioned in the two pre setions, a ertied opy of the :#d%ment shall 3e attahed to the wr e-e#tion and shall 3e ser'ed 3y the oer #pon the party a%ainst whom same is rendered, or #pon any other person re#ired there3y, or 3y law, to o the same, and s#h party or person may 3e p#nished for ontempt if he diso3 s#h :#d%ment(
.arnishment annot 3e employed to implement s#h form of :#d%ment( +n 4etion 2 of R#le <2, to wit 4etion 2( Execution of judgments for money , how enforced( > ----
67 Garnishment of debts and credits( > The oer may le'y on de3ts d#e You're Reading a Preview :#d%ment o3li%or and other redits, inl#din% 3an; deposits, nanial intere royalties, ommissions and Unlock otherfull personal property not apa3le of ma access with a free trial. deli'ery in the possession or ontrol of third parties( e'y shall 3e made ser'in% notie #pon the person owin% s#h de3ts or ha'in% in his possessio Download With Free Trial ontrol s#h redits to whih the :#d%ment o3li%or is entitled( The %arnishm shall o'er only s#h amo#nt as will satisfy the :#d%ment and all lawf#l fees( .arnishment is proper only when the :#d%ment to 3e enfored is on payment of a s#m of money(
/etitioner NEA is a .=CC >> a :#ridial personality separate and distint from %o'ernment, with apaity to s#e and 3e s#ed( As s#h, NEA annot e-e#tion@ its f#nds may 3e %arnished or le'ied #pon in satisfation Sign up to vote on this title :#d%ment rendered a%ainst it( Fowe'er, 3efore e-e#tion may proeed a%ains usefulwith the C Useful a laim for payment of the :#d%ment award m#st rst 3eNotled +nder Commonwealth At No( <*, as amended 3y 4etion ) of /(D( No( 1 is the C=A whih has primary :#risdition to e-amine, a#dit and settle all de
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FEREH=RE, the petition is .RANTED( The 9#ly , 00 Deision of the Co#r Appeals is REIER4ED and 4ET A48DE( The Resol#tion dated Deem3er 000 and =rder dated 9an#ary !, 001 of the Re%ional Trial Co#rt, Br !!,"#e$on City in 4peial Ci'il Ation No( ">22>
R+BJ MAE B( 48.+AN
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