Practice question
After obtaining a valid final money judgment against a national department, a creditor asks a sheriff to levy on equipment used for public services. No law authorizes the proposed seizure. Explain why consent to suit does not alone resolve the execution issue, and identify the relevance of PD 1445, Section 26.
Legal references
- Department of Agriculture v. NLRC, G.R. No. 104269, November 11, 1993, main decision, consent to suit and execution: https://lawphil.net/judjuris/juri1993/nov1993/gr_104269_1993.html
- Presidential Decree No. 1445, June 11, 1978, Section 26, COA general jurisdiction: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/59533
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