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.