RUIZ vs CABAHUG FIRST DIVISION G.R. No. L-9990. September 30, 1957

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ACTION; PUBLIC OFFICERS; WHEN SUIT IS NOT ONE AGAINST THE GOVERNMENT. — Where the facts and circumstances show that the Government does not any longer have interested in the subject matter of the action which the defendants-officials have retained and refused to pay the plaintiffs, or to the person or entity to which it should be paid,

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FIRST DIVISION[G.R. No. L-9990. September 30, 1957.]RUIZ vs CABAHUGSYLLABUSACTION; PUBLIC OFFICERS; WHEN SUIT IS NOT ONE AGAINST THE GOVERNMENT. Where the facts and circumstances show that the Government does not any longer have interested in the subject matter of the action which the defendants-officials have retained and refused to pay the plaintiffs, or to the person or entity to which it should be paid, and plaintiffs do not seek to sue the Government to require it to pay the amount or involve it in the litigation,Held:That the suit is not one against the Government or a claim against it, but one against the officials to compel them to act in accordance with the rights to be established by the contending architects, or to prevent them from making payment and recognition until the contending architects have established their respective rights and interest in the funds retained and in the credit for the work done.D E C I S I O NLABRADOR,Jp:Appeal from a judgment of the Court of First Instance of Manila dismissing plaintiffs' amended complaint.The facts upon which plaintiffs' first cause of action are based are alleged as follows:On July 31, 1950 the Secret

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