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LORETO D. DE LA VICTORIA v. JOSE P. BURGOS

FACTS:

Raul H. Sesbreño filed a complaint for damages against Assistant City Fiscals Bienvenido N. Mabanto, Jr., and Dario D. Rama, Jr. The trial court ruled in favor of Sesbreño and ordered the defendants to pay him P11,000.00. The defendants challenged this decision before the Court of Appeals but a writ of execution was still issued. A notice of garnishment was then served to Loreto D. de la Victoria, the City Fiscal of Mandaue City, regarding Mabanto, Jr.'s salary checks. De la Victoria filed a motion to quash the notice of garnishment, arguing that the checks were still considered public funds and could not be subject to garnishment. Sesbreño then filed a motion for examination of the garnishees, and the trial court ordered De la Victoria to submit a report on the amount of the garnished salaries. However, De la Victoria failed to comply with the order. As a result, Sesbreño filed a motion to cite De la Victoria in contempt of court for non-compliance. The trial court denied both motions and ordered De la Victoria to comply with the previous order. De la Victoria then filed a motion for reconsideration, but it was also denied by the trial court. De la Victoria raises issues regarding the ownership of a check before delivery and whether a government official's salary check can be subject to garnishment.

ISSUES:

  1. Whether a check still in the hands of the maker or its duly authorized representative is owned by the payee before physical delivery to the latter.

  2. Whether the salary check of a government official or employee is considered public funds and thus cannot be subject to garnishment.

RULING:

  1. No, a check is not considered owned by the payee until physical delivery is made. The payee only acquires ownership once the check is physically delivered to him.

  2. Yes, the salary check of a government official or employee is considered public funds and cannot be subject to garnishment.

PRINCIPLES:

  • A check is not considered owned by the payee until physical delivery is made.

  • Salary checks of government officials or employees are considered public funds and cannot be subject to garnishment.