This case has been cited 1 times or more.
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2013-08-28 |
REYES, J. |
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| The respondents, on the other hand, seek the dismissal of the instant action contending that: (a) the rules on litis pendentia and forum shopping bar this Court from giving due course to Lucena's petition since there are five other contempt proceedings filed involving the same issues and parties; (b) the injunctive writs granted to the City of Cebu by the CA in CA-G-R. SP No. 06676 relative to the execution of the decisions and orders in Civil Case No. CEB-20388 rendered the instant action as moot and academic; (c) the legal remedies they availed of were all pursued to protect public funds; (d) the RTC sheriff, in attempting to execute the decisions and orders in Civil Case No. CEB-20388, miserably failed to comply with the requirements provided for by law, to wit, Section 305(a)[50] of the Local Government Code, this Court's Admin. Circular No. 10-2000,[51] P.D. No. 1445 and Rule VIII of COA's Revised Rules of Procedure; (e) in Parel v. Heirs of Simeon Prudencio,[52] this Court declared that a writ of execution may be assailed when it varies the judgment, where there has been a change in the situation of parties making execution unjust or inequitable, or when the judgment debt has been paid or satisfied; (f) it would unduly overburden the City of Cebu to pay Php 133,469,962.55 for the subject lots the huge portions of which are now occupied by settlers and establishments claiming to be owners, practically leaving a very small and insignificant area for use; (g) in the case of City of Caloocan v. Hon. Allarde,[53] this Court ruled that government funds maintained in any official depository may not be garnished in the absence of a corresponding appropriation as required by law; and (h) the Sangguniang Panlungsod cannot be compelled to pass an appropriations ordinance to satisfy the claims of the Heirs of Fr. Rallos for to do otherwise would be to intrude into the exercise of a discretionary authority to decide a political question. | |||||