Garnished wages

Dear Atty. Angela,

I am a victim of estafa committed by a government official where I am demanding the payment of P500,000 which was fraudulently obtained from me. The case is already pending before the court and in the event that I am awarded the civil aspect with damages, could I claim the amount from his payroll account?

Rafa

□□□□□

Dear Rafa,

Yes, the salary of a person deposited in the bank account can be garnished when there is a court order directing the same.

Garnishment refers to any legal or equitable procedure through which the earnings of any individual (i.e. salary, business profits) are required to be withheld for payment of any debt.

In the recent case of Atty. Bagbagen v. Perez, G.R. No. 274980 (2025), the Supreme Court held that once a public official’s salary is deposited in their personal bank account, it is no longer considered government money. It emphasized that there is no law exempting public officials’ salaries from garnishment. Under Rule 39 of the Rules of Court, salaries — whether in the public or private sector — can be garnished to settle debts.

An exception exists for manual laborers, whose wages are protected to ensure they can still support their families. However, only up to four months’ worth of wages are exempt. Any amount beyond that can still be collected to pay debts.

The SC also noted that public officials are held to stricter standards when it comes to their income and financial obligations due to “their constitutional role as custodians of public trust.” Hence, in this case, his salary as a government employee could be garnished as it is no longer considered as a public fund. Once deposited to a personal bank account, it is already a person’s disposable income and may be subject of legal processes.

Atty. Angela Antonio