G.R. No. L-14619; May 25, 1960
MIGUEL YUVIENGCO, ETC., ET AL., petitioners, vs. HON. PRIMITIVO GONZALES, ETC., ET AL., respondents.

FACTS

On November 13, 1956, Geronimo V. Maluto filed a complaint against the Province of Cavite and its District Engineer for the recovery of an unpaid balance for construction projects. The trial court rendered a judgment in favor of Maluto, which became final and executory. Despite this, the Province failed to pay, citing lack of funds. On September 20, 1954, the Provincial Board adopted a resolution authorizing payment subject to fund availability. On October 29, 1958, the respondent court ordered the Provincial Treasurer of Cavite to deposit the judgment amount with the court, warning of arrest for non-compliance. The Treasurer did not comply, leading to an order for his arrest on October 30, 1958. On November 3, 1958, the court issued another order directing the Assistant Provincial Treasurer to make the deposit, with a similar warning. The petitioners (the Provincial Treasurer and Assistant Provincial Treasurer) challenged these orders, arguing: (1) lack of available funds; (2) payment would violate Section 2089 of the Revised Administrative Code, which prohibits disbursement without appropriation; and (3) they were not parties to the case, so execution should be against the Province itself.

ISSUE

Whether the respondent court’s orders directing the Provincial Treasurer and Assistant Provincial Treasurer to deposit the judgment amount and threatening them with arrest for contempt were valid.

RULING

The Supreme Court upheld the validity of the respondent court’s orders. The Court found that the petitioners’ arguments were without merit. First, the record showed that the Provincial Treasury had sufficient funds, as confirmed by the Assistant Provincial Treasurer’s statement to a court-appointed commissioner and the subsequent approval of the payment by the Auditor General from the current appropriation. Second, the Provincial Board had already passed a resolution authorizing payment from available funds, and the claim was pursuant to a final court judgment, so payment would not violate the law on disbursements. Third, the Provincial Treasurer and Assistant Provincial Treasurer, as officials in charge of disbursing provincial funds, were properly subject to the court’s orders to enforce the judgment against the Province. The Court concluded that the petitioners’ willful disobedience justified the contempt orders. The petition was dismissed, with costs against the petitioners.