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Unformatted text preview: n expropriation proceeding, the State cannot raise the alleged lack of authority
of the counsel of the owner of the property to bind his client in a compromise agreement
because such lack of authority may be questioned only by the principal or client.
Before WWII, the Philippine Government filed an action for the expropriation of a parcel of land
owned by Hashim for the construction of a public road. Government took possession over the
property after the deposit of the amount of 23, 413.64. Records of the case were destroyed
during the WWII. After the war, Hashim filed an action for money claims before the CFI against
Bureau of Public Highways.
The parties entered into a compromise agreement wherein the Bureau shall pay almost half of
the amount claimed. The bureau failed to pay so Hashim filed a motion for the issuance of a writ
of execution. Respondent judge granted the motion. The sheriff served the writ with a Notice of
Garnishment to PNB against the Bureau's funds. Hashim further filed a motion for issuance of
an order ordering the release of the amount. It was granted. PNB released the amount. Petitioner
filed this petition for certiorari with mandatory injunction to reimburse the amount released.
1. Whether or not the State may invoke its immunity from suit
2. Whether or not the State may impugn the validity of the compromise agreement
3. Whether or not the orders were valid
Ruling: In expropriation proceedings, the State submits to the court's jurisdiction and asks the
court to affirm its right to take the property sought to be expropriated. State immunity does not
Only the principal can question the authority of the counsel to enter into a compromise
agreement. The state cannot raise it.
The assailed orders are void. Government funds are not subject to garnishment.
On or about November 20, 1940, the Government of the Philippines filed a complaint for eminent
domain in the Court of First Instance of Rizal1 fo...
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This document was uploaded on 03/11/2014.
- Fall '14