Samaniegogrno175573october52010 3drecall

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Unformatted text preview: eal Note: Any new corporate seals or changes on such shall be registered with DILG. 4. To acquire and convey real or personal property 5. To enter into contracts; and 6. To exercise such other powers as granted to corporations (Sec. 21, R.A. 7160) Q: Who is the proper officer to represent the city in court actions? A: The city legal officer is supposed to represent the city in all civil actions and special proceedings wherein the city or any of its officials is a party, but where the position is as yet vacant, the City Prosecutor remains the city’s legal adviser and officer for civil cases. (Asean Pacific Planners vs. City of Urdaneta, G.R. No. 162525, September 23, 2008) A: Where the suability of the state is conceded and by which liability is ascertained judicially, the state is at liberty to determine for itself whether to satisfy the judgment or not. (Municipality of Hagonoy Bulacan vs. Hon. Simeon Dumdum, G.R. No. 168289 March 22, 2010) Q: May LGU funds and properties be seized under writs of execution or garnishment to satisfy judgments against them? A: No, The universal rule that where the State gives its consent to be sued by private parties either by general or special law, it may limit claimants action only up to the completion of proceedings anterior to the stage of execution and that the power of the Courts ends when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments, is based on obvious considerations of public policy. Disbursements of public funds must be covered by the corresponding appropriations as required by law. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects. (Traders Royal Bank v. Intermediate Appellate Court, G.R. No. 68514, December 17, 1990) Q: What is the exception to the above stated rule? A: The rule on the immunity of public funds from seizure or garnishment does not apply where the fun...
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This document was uploaded on 03/12/2014.

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