Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1934 > February 1934 Decisions > G.R. No. 41202 February 23, 1934 - LUCIO ARIZ v. CFI OF MANILA

059 Phil 559:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 41202. February 23, 1934.]

LUCIO ARIZ, Petitioner, v. THE COURT OF FIRST INSTANCE OF MANILA, THE CITY FISCAL, THE DIRECTOR OF POSTS, MANILA, and MARIA ABELLA VIUDA DE EUSTAQUIO PASCUA, Respondents.

First Assistant City Fiscal Rodas in his behalf and for the respondent judge.

Solicitor-General Hilado for respondent Director of Posts.

No appearance for respondent Abella Viuda de Pascua.

SYLLABUS


1. INSULAR PRISONERS; PHILIPPINE POSTAL SAVINGS BANK; EXECUTION RIGHT OF EXECUTION ON SAVINGS OF INSULAR PRISONERS DEPOSITED IN THE PHILIPPINE POSTAL SAVINGS BANK. — A party has no right to a writ of execution or garnishment on the savings of insular prisoners earned by them as prisoners and deposited in the Philippine Postal Savings Bank.


D E C I S I O N


MALCOLM, J.:


These certiorari proceedings raise the question of the right of a party to have a writ of execution or garnishment on the savings of insular prisoners deposited in the Philippine Postal Savings Bank.

Lucio Ariz is serving a sentence of life imprisonment for murder in Bilibid Prison, and is also under obligation to pay the heirs of the deceased P1,000 as indemnity. During his confinement the prisoner has succeeded in earning the sum of P67.06 which has been deposited in his name in the Philippine Postal Savings Bank. Ascertaining this fact in some unknown manner, the offended party in the criminal case, the widow of the deceased, filed a motion in the Court of First Instance of Manila, in which she prayed for the issuance of a writ of execution directed to the Philippine Postal Savings Bank ordering the bank to turn over to her the sum of P67.06 standing to the credit of Lucio Ariz. The Assistant City Fiscal noted his conformity to the motion, and the trial judge appended thereto "como se pide." The Director of Posts had no other recourse than to obey the order and to pay over to the widow of the deceased the money deposited by Lucio Ariz. Up to this point, it should be mentioned that neither the prisoner nor the Director of Prisons had notice of the pendency of the motion. It was only when the Director of Posts asked the Director of Prisons to turn in the deposit book to the Philippine Postal Savings Bank that the prison authorities became aware of the withdrawal and thereupon entered their protest.

The Code of Civil Procedure lists the property exempt from attachment and execution, without including money in the situation of that here involved. However, the Philippine Savings Bank Law provides that deposits which do not aggregate more than five hundred pesos shall not be liable to attachment upon mesne process in any case except where the cause of action is founded on fraud (Adm. Code, sec. 1995). As this exemption applies only to attachment upon mesne process, it would afford no protection to a writ of execution upon a final judgment, which is the case before us. But there is more to be said than is disclosed by the Code of Civil Procedure and the above-mentioned provision of the Philippine Postal Savings Bank Law. The law more specifically controlling is Act No. 2489.

Act No. 2489 of the Philippine Legislature authorizes special compensation for prisoners as a reward for exceptional conduct and workmanship. It provides that at least fifty per centum of any amount that may accumulate to the credit of prisoners under this Act shall be withheld until after final discharge, the remainder to be subject to disbursement upon request of the prisoner for the support of dependent members of his family or for such personal use as may be approved by the Director of Prisons. As we understand this law, the earnings of the prisoners are in the nature of trust funds held for the benefit of the prisoners under the direction of the Director of Prisons. It would, accordingly, appear appropriate for such funds, when deposited in the Philippine Postal Savings Bank, to be so deposited by the Director of Prisons for and on behalf of the prisoner. As a trust fund, a part held for an indefinite period until the discharge of the prisoner and a part held for the prisoner and a part held for disbursement from time to time, the money earned by the prisoner would not be liable to garnishment. To hold otherwise would put at naught the purposes of Act No. 289, for all incentive for the prison inmate to work and save would be removed.

Our answer to the inquiry must be in the negative. This means that the writ of certiorari will issue and that the order of the Court of First Instance of Manila of August 26, 1933, will be vacated, and the privilege will be afforded to the petitioner of requesting the Court of First Instance to direct Maria Abella Viuda de Eustaquio Pascua to restore the amount of P67.06 to the Philippine Postal Savings Bank to stand to the credit of the petitioner under the direction and control of the Director of Prisons. So ordered, without costs.

Villa-Real, Hull, Imperial, and Goddard, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






February-1934 Jurisprudence                 

  • G.R. No. 39590 February 6, 1934 - JESUS AZCONA v. ALBERTA L. REYES, ET AL.

    059 Phil 446

  • G.R. No. 39607 February 6, 1934 - ENCARNACION MAGALONA, ET AL. v. JUAN PESAYCO

    059 Phil 453

  • G.R. No. 39933 February 6, 1934 - RODOLFO TORRELA v. JOSE PEREZ MINGUEZ, ET AL.

    059 Phil 456

  • G.R. No. 41072 February 7, 1934 - PO SUN TUN v. EMILIO MAPA, ET AL.

    059 Phil 459

  • G.R. No. 37197 February 8, 1934 - PEOPLE OF THE PHIL. ISLANDS v. MARCELO TURNO

    059 Phil 463

  • G.R. No. 39696 February 8, 1934 - MARIA GUERRERO, ET AL. v. JOSE DE LA CUESTA, ET AL.

    059 Phil 464

  • G.R. No. 39889 February 8, 1934 - SEINOSUKE OGURA v. SOTERO CHUA, ET AL.

    059 Phil 471

  • G.R. No. 39425 February 10, 1934 - SILVERIO F. GARCIA v. JOSE A. DE ARAMBURO and ELVIRA VEGUILLAS DE ARAMBURO

    059 Phil 478

  • G.R. No. 38765 February 12, 1934 - LUIS MA. ROBLES v. PARDO Y ROBLES HERMANOS, ET AL.

    059 Phil 482

  • G.R. No. 39802 February 12, 1934 - DOROTEA MENDOZA VIUDA DE BONNEVIE, ET AL. v. ANTONIA CECILIO VIUDA DE PARDO, ET AL.

    059 Phil 486

  • G.R. No. 40233 February 14, 1934 - BACHRACH MOTOR CO., INC. v. JOSE ESTEVA, ET AL.

    059 Phil 490

  • G.R. No. 40390 February 14, 1934 - PEOPLE OF THE PHIL. ISLANDS v. JOSE C. NAVALES

    059 Phil 496

  • G.R. No. 40849 February 14, 1934 - PERFECTO CORTIGUERA v. DIRECTOR OF PRISONS

    059 Phil 498

  • G.R. No. 40266 February 15, 1934 - PROVINCIA DEL SANTISIMO NOMBRE DE JESUS v. C. H. CONRAD

    059 Phil 503

  • G.R. No. 40203 February 16, 1934 - PEOPLE OF THE PHIL. ISLANDS v. SANTIAGO GIMENA

    059 Phil 509

  • G.R. No. 37866 February 17, 1934 - NICANOR JACINTO v. JUANA FAJARDO, ET AL.

    059 Phil 514

  • G.R. No. 40620 February 17, 1934 - PEOPLE OF THE PHIL. ISLANDS v. CASIMIRO CONCEPCION

    059 Phil 518

  • G.R. No. 40684 February 17, 1934 - CHUA GO v. INSULAR COLLECTOR OF CUSTOMS

    059 Phil 523

  • G.R. No. 39881 February 20, 1934 - PEOPLE OF THE PHIL. ISLANDS v. ARSENIO DE LA CRUZ

    059 Phil 529

  • G.R. No. 39882 February 20, 1934 - PEOPLE OF THE PHIL. ISLANDS v. ARSENIO DE LA CRUZ

    059 Phil 531

  • G.R. No. 40602 February 20, 1934 - PEOPLE OF THE PHIL. ISLANDS v. GREGORIO BERIO

    059 Phil 533

  • G.R. No. 39177 February 21, 1934 - PEOPLE OF THE PHIL. ISLANDS v. TAN DIONG, ET AL.

    059 Phil 537

  • G.R. No. 40008 February 21, 1934 - PAULINO ACOSTA v. NICOLAS LLACUNA, ET AL.

    059 Phil 540

  • G.R. No. 38612 February 23, 1934 - CIRIACO LIZADA v. OMANAN, ET AL.

    059 Phil 547

  • G.R. No. 41061 February 23, 1934 - MOISES S. AMPIL v. PUBLIC SERVICE COMMISSION

    059 Phil 556

  • G.R. No. 41202 February 23, 1934 - LUCIO ARIZ v. CFI OF MANILA

    059 Phil 559

  • G.R. No. 39427 February 24, 1934 - TIRSO GARCIA v. LIM CHU SING

    059 Phil 562

  • G.R. No. 39461 February 24, 1934 - PEOPLE OF THE PHIL. ISLANDS v. CORAZON DE CORTEZ

    059 Phil 568

  • G.R. No. 39478 February 24, 1934 - PROCESO ECHARRI, ET AL. v. JUAN BELEN VELASCO, ET AL.

    059 Phil 570

  • G.R. No. 39634 February 27, 1934 - ROSARIO GUANZON v. GRACIANO RIVERA

    059 Phil 573

  • G.R. No. 40098 February 28, 1934 - PEOPLE OF THE PHIL. ISLAND v. FELIX AZCONA, ET AL.

    059 Phil 580

  • G.R. No. 40705 February 28, 1934 - TOLEDO TRANS. CO., INC. v. MANILA RAILROAD CO.

    059 Phil 586