DE LA VICTORIA vs. BURGOS - G.R. No. 111190

LORETO D. DE LA VICTORIA vs.

HON. JOSE P. BURGOS, and RAUL H. SESBREÑO

G.R. No. 111190 June 27, 1995

Raul Sesbreno filed a complaint for damages against Assistant City Fiscal Bienvenido Mabanto before the RTC of Cebu City. After trial, judgment was rendered ordering Mabanto to pay Sesbreno P11,000. The decision having become final and executory, the trial court ordered its execution upon Sesbreno’s motion. The writ of execution was issued despite Mabanto’s objection. A notice of garnishment was served upon Loreto de la Victoria as City Fiscal of Mandaue City where Mabanto was then detailed. De la Victoria moved to quash the notice of garnishment claiming that he was not in possession of any money, funds, etc. belonging to Mabanto until delivered to him, and as such are still public funds which could not be subject of garnishment.

Issue: Whether or not the checks subject of garnishment belong to Mabanto or whether they still belong to the government.

Held: Under Section 16 of the Negotiable Instruments Law, every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As ordinarily understood, delivery means the transfer of the possession of the instrument by the maker or drawer with the intent to transfer title to the payee and recognize him as the holder thereof. Herein, the salary check of a government officer or employee does not belong to him before it is physically delivered to him. Inasmuch as said checks had not yet been delivered to Mabanto, they did not belong to him and still had the character of public funds. As a necessary consequence of being public fund, the checks may not be garnished to satisfy the judgment.