Date REPUBLIC OF THE PHILIPPINES Hos QuiLisRHo Pp. viKLRSOR, Facts: = on duly 3, 14u!, 3 decision wae renclered in Special Proceedings No. 21508 in Favor of ccsponcents P) Kiener ,Gavino Unchuan, and international Consirvetion Corporation, dnd againch the petitioner herein, Con fuming dine arioiiration award vubject of Special Proce edinge ~ Villasor, issued an order decloring tne oforederted decision oF July 2, Re) Final and exccutory, dicectirg the cherif{s of Rizal Province, Quezen City Manila to execute the weaid decision. = Pursuant fo the said order, the wrresponcting Biiac Writ of execution was issued. = The sherifs served notices of garnishment witn veveral banks cepecially she monies duc do the RFP in the form of deposite sufficient te gover she amount mentioned 10 $he wieit PHG ard Philippine Veteran Bantes received such 0! c. As cersified by tre arr Compirolier, these funds of 4G AFP with dhe waid banks are public funds fer the pensions, pay and allowances of ihe military peesonnel, = Republic of the Philippines Filed promilsition proceedings against respondent Villesr for aefirg in excess of juridiction with grave Bouse of discretion amounting te lack of jurisdiction in granti Ye wsunee of 9 Writ of Execution against the properties of AFP. issue: Whetner or not the weit of Execution iuued by ecupondent vudgeDate Rune: No. What Was done by mu percent Judge is net in comformity win fhe dictates! of the Constitution. Tis @ fundamental partulate of conctitutionatiem Flowing from tue Juristic concept vrovereignly thal the sede ac well ar is government lr ienmune fron wult unless i gives ihr content. 34 ceadlilz understandable why i murt be vo. In the classic formuletign of Holmes: A sovercign ix exempt from suit, woh because of any formal conce pli of obsolete theory bat on ye togical and practicat ground tnat there cam be no legal eight as against the Butherity tnt makes the on which the eight depends: Sociologic’s! Jurisprudence supplies an anrwer not dislimiion, rwis fundements! parkulaic underlying ne 1935 conctitutien is wow made expliclt in ane revised chant. $46 hercin provided! Se Glee: miny nol bo Sued wlthestl He cvieeet® A cosllaey both dicteted by logic and sound Sense from wuch 2 bacle concep} iS that public funds cannot bo wubbject of 8 garnishment proceeding even if 4ne consent 40 be sued had been previously gront and ne wiate Wability adjudged The wits of certiorari and provitvitien are granted, aullfying and velting aside both the order declaring executors as well 92 Yne alias weit oF execution Issued syereunder: The preliminary injunction jseved by this couch in uly 12,1909 is hereby made pee @nent-