PersonalLiabilityAdministrative Law | Saturday9:00 AM to 12:00 PMTuazon, Daniel M.
1.Correa v. CFIof Bulacan92 SCRA 312
FACTS:3The petition in this case is a Petition for Certiorari, Prohibition andDeclaratory Relief assailing the order of respondent Court of FirstInstance of Bulacan, Branch II, denying petitioner's Motion to Quash theWrit of Execution.Respondent Court rendered judgment in a previous Civil Case in favor ofprivate respondents herein and adversely against Correa, petitionerherein. This Court finds that Correa and Sarmiento, municipal mayor andmunicipal treasurer of Norzagaray, Bulacan respectively, should beordered personally to pay the salaries which the private respondentsfailed to receive by reason of their illegal removal from office until theyare actually reinstated.The aforesaid decision was affirmed by the Court of Appeals and themotion for reconsideration of the Appellate Court's decision was denied.Later on, the decision of the Court of Appeals became final andexecutory. Hence, the filing of Motion to Quash the Writ of Execution.
FACTS:4Motion to Quash the Writ of Execution was denied. Hence, thispetition.Petitioner invoked the principle that when judgment isrendered against an officer of the municipal corporation who issued in his official capacity for the payment of back salaries ofofficers illegally removed, the judgment is binding upon thecorporation, whether or not the same is included as party tothe action.Petitioner contends that it is the Municipality ofNorzagaray that is liable, and the liability no longer attach