2

nd

REPUBLIC OF THE PHILIPPINES

MUNICIPAL CIRCUIT TRIAL COURT
7TH JUDICIAL REGION
Tubigon-Clarin
Tubigon, Bohol

NAGKAHIUSANG BARIOHAN SA
KALAMBOAN ASSOCIATION
REP.BY: _______________

Small Claims No. 127

For: Collection of Sum of
Money

-versus___________________
Defendant
x------------------------------------------------------------------------------------/

EXPARTE MANIFESTATION AND EXPLANATION

COMES NOW, the undersigned counsel for the special
purpose of posting this manifestation and explanation, and
unto the Honorable Court, most respectfully avers:
1. That the Office of the Schools Division Superintendent
has received a letter dated July 11, 2018 from the Sheriff IV of
RTC-OCC, Fernando Tagle with inclusions of Judgment of
Compromise and Writ of Execution against a Public School
Teacher, in the person of __________________ who is assigned at
Ubay-ubay Island, Tubigon, Bohol;
2. That however, the Division of Bohol cannot act on the
matter, as to execute an Order of Garnishment against the
salary of the teacher for the reason that it has no authority to
segregate a portion of the salary of ______________________;

3.

Be it known that the payroll of the teachers of the

Department of Education is prepared in the Region where the

Division belongs, or the Regional Payroll Servicing Unit;
4. As such funds for the salaries of the teachers, so long
as it is still in the Regional Payroll Servicing Unit of the Dep.Ed
Central Visayas are considered PUBLIC FUNDS which could not
be subject for garnishment, it only cease to be public when
such amount is already deposited to the ATM Cards of the
teachers;
5. That in Tiro versus Hontanosas 1, it clearly points out
that until the time the check belongs to the government, the
payee has no power over it; he cannot assign it without the
consent of the Government.
6. Similarly situated, the funds for the salaries of the teachers
and non-teaching staff when in the RPSU are still public funds,
and it cease to be one, once the government employee has
directly received it through his ATM Account;
7. As a necessary consequence that such salary when still
in RPSU is of being a public fund, it cannot be garnished to
satisfy the judgment;

1 Tiro v. Hontanosas, the salary check of a government officer or

employee such as teacher does not belong to him before it is physically

delivered to him. Until that time the check belongs to the government.
Accordingly, before the actual delivery of the check, the payee has no
power over it; he cannot assign it without the consent of the Government.
2

8.

The court ruled out in Commissioner versus San Diego,

that 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, as
appropriated by law.
WHEREFORE, it is most respectfully prayed of this
Honorable Court that herein Ex-parte Manifestation of the
Undersigned counsel be taken consideration and be placed in
the records of the case;
City of Tagbilaran, Philippines, 25th of July, 2016.

ATTY. bbbbbbbbbbbbbbbbbbbbbbbbbbbbbb
Attorney III
New Capitol Site, Cogon, Tagbilaran City
Mobile Nonnnnnnnnnnnnnnnnnnnnn
PTR No. xxxxxxxxxxxxxxx
IBP No. xxxxxxxxxxxxxxxxxx
Roll No. vvvvvvvvvvvvvvvvvvvvvv, date admitted: 4/29/2010
TIN nnnnnnnnnnnnnnnnnnn
MCLE Commmnnnnnnnn
MCLE Compliance Nommmmmmmmmmmmmmmmmm
At my instance:
vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
vvvv
Schoolbbbbbbbb
Department of Education- Bohol

THE CLERK OF COURT

MCTC Branch 2
2Commissioner v. San Diego, the functions and public services

rendered by the State cannot be allowed to be paralyzed or disrupted by

public funds from their legitimate and specific objects as appropriated by
law.
3

Tubigon, Bohol
GREETINGS:
Please submit the foregoing Manifestation to the
Honorable Court on July 29, 2016 at 2:00 P.M., for resolution
sans presence of counsel.
City of Tagbilaran, Philippines, July 25, 2016
bbbbbbbbbbbbbbbbbbbbbbbb
Copy furnished:
FERNANDO P. TAGLE
__________________
Sheriff IV, RTC-OCC

Received on:

EXPLANATION pursuant to Rule 13, Section 11, 1997

Rules of Civil Procedure: A copy of this Ex parte
Manifestation has been served by Registered Mail, personal
service being impracticable by reason of distance.

ccccccccccccccccccccccccccc