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    49 Phil. 52 Case Digest

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    Raym Trabajo
    The municipal council of Iloilo owed Tan Toco compensation for expropriated land but was unable to pay due to lack of funds. As a result, Tan Toco issued a writ of execution to seize municipal property like vehicles and buildings to satisfy the debt. However, the court ruled that municipal property for public use cannot be seized, as it is unalienable like property of the State. Properties dedicated to public services like streets, parks, and buildings used for governmental functions are exempt from levy and sale under execution. The Supreme Court affirmed the lower court's decision to dissolve the attachment on the municipal properties.

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    49 Phil. 52 Case Digest

    Uploaded by

    Raym Trabajo
    182 views1 page
    The municipal council of Iloilo owed Tan Toco compensation for expropriated land but was unable to pay due to lack of funds. As a result, Tan Toco issued a writ of execution to seize municipal property like vehicles and buildings to satisfy the debt. However, the court ruled that municipal property for public use cannot be seized, as it is unalienable like property of the State. Properties dedicated to public services like streets, parks, and buildings used for governmental functions are exempt from levy and sale under execution. The Supreme Court affirmed the lower court's decision to dissolve the attachment on the municipal properties.

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    The municipal council of Iloilo owed Tan Toco compensation for expropriated land but was unable to pay due to lack of funds. As a result, Tan Toco issued a writ of execution to seize municipal property like vehicles and buildings to satisfy the debt. However, the court ruled that municipal property for public use cannot be seized, as it is unalienable like property of the State. Properties dedicated to public services like streets, parks, and buildings used for governmental functions are exempt from levy and sale under execution. The Supreme Court affirmed the lower court's decision to dissolve the attachment on the municipal properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    182 views1 page

    49 Phil. 52 Case Digest

    Uploaded by

    Raym Trabajo
    The municipal council of Iloilo owed Tan Toco compensation for expropriated land but was unable to pay due to lack of funds. As a result, Tan Toco issued a writ of execution to seize municipal property like vehicles and buildings to satisfy the debt. However, the court ruled that municipal property for public use cannot be seized, as it is unalienable like property of the State. Properties dedicated to public services like streets, parks, and buildings used for governmental functions are exempt from levy and sale under execution. The Supreme Court affirmed the lower court's decision to dissolve the attachment on the municipal properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-24950 March 25, 1926

    VIUDA DE TAN TOCO, plaintiff-appellant,


    vs.
    THE MUNICIPAL COUNCIL OF ILOILO, defendant-appellee.

    FACTS:
    The municipal council of Iloilo, the defendant, is reconstructing or widening the
    road in their town. The plaintiff, Tan Toco was not able to receive a compensation for the
    two strips of land, consisting 592 sq.m and 59 sq.m with the amount of P42,966.40. Hence,
    Tan Toco filed a complaint in Court of First Instance in Iloilo which ordered the said
    municipality to pay the said amount with its interest. The said judgement was appealed and
    affirmed by the Supreme Court.

    However, the municipality is unable to pay to Tan Toco considering on the account
    of lack of funds. As a result, Tan Toco issued a writ of execution against the property of the
    said municipality, by virtue of which the sheriff attached two auto trucks, one police patrol
    automobile, the police stations on Mabini street, and in Molo and Mandurriao and the
    concrete structures with the corresponding lots.

    The provincial fiscal of Iloilo filed a motion upon the notice of the sale of said
    property had been made, in which the Court of First Instance praying that the attachment
    on the said property be dissolved and the said attachment be declared null and void as
    being illegal and violative of the rights of the defendant municipality. It was affirmed; thus,
    the abovementioned properties are null and void, thereby dissolving the said attachment.
    Tan Toco appealed the decision of CFI Iloilo.

    ISSUE:
    Whether or not the Municipal properties can be executed in lieu of the unsatisfied
    obligation.

    RULING:
    The principle governing the property of the public domain of the State is applicable
    to property for public use of the municipalities as said municipal property is similar in
    character, hence, the Supreme Court denied appeal and affirmed the decision of the Court
    of Instance in Iloilo. It is stated on the said principle that State is not within the commerce
    of man and consequently, is unalienable and not subject to prescription. Likewise, the
    property for public use of the municipality is not within the commerce of man so long as it
    is used by the public and consequently, said property is also inalienable. The rule is that
    property held for public uses, such as public buildings, streets, squares, parks, promenades,
    wharves landing places, fire engines, hose and hose carriages, engine houses, public
    markets, hospitals, cemeteries, and generally everything held for governmental purposes,
    is not subject to levy and sale under execution against such corporation.

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