Dear Atty. Nico,
I would like to make this quick. As a government employee, is my salary subject to a notice of garnishment by the court or is it exempted?
Currently, I am an executive director of a review agency. Unfortunately, a civil action was filed against me and was adjudged liable for the same. Due to unforeseen circumstances, I was not able to appeal the decision; and so, it became final. And a notice of garnishment was issued to my bank, withholding my salary and refusing its withdrawal.
Thank you in advance for your time.
Bobby
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Dear Bobby,
In decided a case by the Supreme Court, it was stated that salaries of public officials are subject to garnishment, not merely because they have lost their public character upon deposit, as previously held in numerous cases, but because they are not covered by the exemptions provided under existing laws and rules.
In Bagbagen v Perez, the Court cited the general rule as well as the exemptions to emphasize that the salary of public officials is not among those exempt from garnishment fees.
On the other hand, the following are the those exempted from garnishment, namely:
Section 13 of the same Rule enumerates the properties exempt from execution, with particular reference to Section 13(i) thereof, which reads:
Section 13. Property exempt from execution. – Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:
(i) So much of the salaries, wages, or earnings of the judgment obligor for his personal services within the four months preceding the levy as are necessary for the support of his family.
The exemption under this procedural rule should be read in conjunction with the New Civil Code, the substantive law which proscribes the execution of employee’s wages, thus:
Article 1708. The laborer’s wage shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance.
Verily, the exemption under Rule 39, Section 9(c) of the 2019 Amended Rules of Court and Article 1708 of the Civil Code is meant to favor only laboring men or women whose works are manual, and not public officials… At the risk of being repetitive, there is no law exempting the salaries of public officials from garnishment, whereas Article 1708 of the Civil Code grants such exemption to the salaries of laborers.
Rule 39, Section 9(c) of the 2019 Amended Rules of Court provides that:
Section 9. Execution of judgments for money, how enforced.
(c) Garnishment of debts and credits — The officer may levy on debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees.
Atty. Nico Antonio
