Scribd Logo
Upload

Welcome to Scribd!

  • 128 views

    G.R. 190144, 01 August 2012, 678 SCRA 171, 182. G.R. No. L-34589, 29 June 1988, 163 SCRA 9, 17

    Uploaded by

    Gabby
    Garnishment takes effect as of the date of the levy to obtain a lien on the attached properties. A garnishee can disobey a writ of execution only if there is a defect on the face of the writ or if the garnishee has actual knowledge that the garnisher is not entitled to the amount. For a writ of execution to be valid, it must state the name of the court, case details, directive to enforce the writ, and the amounts due including interest, costs, damages, and rents as of the date of issuance.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    G.R. 190144, 01 August 2012, 678 SCRA 171, 182. G.R. No. L-34589, 29 June 1988, 163 SCRA 9, 17

    Uploaded by

    Gabby
    128 views3 pages
    Garnishment takes effect as of the date of the levy to obtain a lien on the attached properties. A garnishee can disobey a writ of execution only if there is a defect on the face of the writ or if the garnishee has actual knowledge that the garnisher is not entitled to the amount. For a writ of execution to be valid, it must state the name of the court, case details, directive to enforce the writ, and the amounts due including interest, costs, damages, and rents as of the date of issuance.

    Original Description:

    Garnishment uploading

    Original Title

    Garnishment

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Garnishment takes effect as of the date of the levy to obtain a lien on the attached properties. A garnishee can disobey a writ of execution only if there is a defect on the face of the writ or if the garnishee has actual knowledge that the garnisher is not entitled to the amount. For a writ of execution to be valid, it must state the name of the court, case details, directive to enforce the writ, and the amounts due including interest, costs, damages, and rents as of the date of issuance.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    128 views3 pages

    G.R. 190144, 01 August 2012, 678 SCRA 171, 182. G.R. No. L-34589, 29 June 1988, 163 SCRA 9, 17

    Uploaded by

    Gabby
    Garnishment takes effect as of the date of the levy to obtain a lien on the attached properties. A garnishee can disobey a writ of execution only if there is a defect on the face of the writ or if the garnishee has actual knowledge that the garnisher is not entitled to the amount. For a writ of execution to be valid, it must state the name of the court, case details, directive to enforce the writ, and the amounts due including interest, costs, damages, and rents as of the date of issuance.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 3
    At a glance
    Powered by AI
    The passage discusses the requirements for a valid writ of execution and the exceptions where a garnishee can disobey a writ of execution based on two Philippine court cases.

    A valid writ of execution must contain: (1) the name of the Republic of the Philippines from the court which granted the motion for execution, (2) the name of the court, case number and title, dispositive part of the subject judgment or order, (3) a directive to enforce the writ, and (4) the amount due as of issuance including principal, interest, costs, etc.

    The two exceptions where a garnishee can disobey a writ of execution are: (1) a defect on the face of the writ, and (2) actual knowledge on the part of the garnishee of lack of entitlement on the part of the garnisher.

    According to the case of Bank of the Philippine Island (“BPI”) v.

    Carlito Lee 1,
    garnishment takes effect as of the date of the levy, to wit:

    “Garnishment has been defined as a specie of attachment for


    reaching credits belonging to the judgment debtor and owing to him from a
    stranger to the litigation. A writ of attachment is substantially a writ of
    execution except that it emanates at the beginning, instead of at the
    termination, of a suit. It places the attached properties in custodia
    legis, obtaining pendente lite a lien until the judgment of the proper
    tribunal on the plaintff's claim is established, when the lien becomes
    effective as of the date of levy.

    The two (2) exceptions in which a garnishee can disobey a writ of execution and,
    consequently, the writ of garnishment that follows is stated by the Supreme Court in the
    case of Engineering Construction Inc. (“ECI”) v. National Power Corporation
    (“NPC”)2. These are (1) a defect on the face of the writ; and (2) actual knowledge on
    the part of the garnishee of the lack of entitlement on the part of the garnisher, to wit:

    “But while partial restitution is warranted in favor of NPC, we find


    that the Appellate Court erred in not absolving MERALCO, the garnishee,
    from its obligations to NPC with respect to the payment to ECI of
    P1,114,543.23, thus in effect subjecting MERALCO to double liability.
    MERALCO should not have been faulted for its prompt obedience to a writ
    of garnishment. Unless there are compelling reasons such as: a
    defect on the face of the writ or actual knowledge on the part of the
    garnishee of lack of entitlement on the part of the garnisher, it is not
    incumbent upon the garnishee to inquire or to judge for itself
    whether or not the order for the advance execution of a judgment is
    valid.”

    1
    G.R. 190144, 01 August 2012, 678 SCRA 171, 182.
    2
    G.R. No. L-34589, 29 June 1988, 163 SCRA 9, 17.
    To detect a defect on the face of the writ of execution, the elements of a valid writ
    of execution must be known. Section 8 of the Rule 39 of the Rules of Court provide that
    a valid writ of execution must contain (1) the name of the Republic of the Philippines
    from the court which granted the motion for execution; (2) the name of the court, the
    case number and title, the dispositive part of the subject judgment or order; (3) the
    directive to the sheriff or other proper officer to enforce the writ according to its terms
    and in the manner provided by said section; and (4) the amount of the interest, costs,
    damages, rents, or profits due as of the date of the issuance of the writ, aside from the
    principal obligation under the judgment, as follows:

    “Section 8. Issuance, form and contents of a writ of execution. —


    The writ of execution shall: (1) issue in the name of the Republic of
    the Philippines from the court which granted the motion; (2) state the
    name of the court, the case number and title, the dispositive part of
    the subject judgment or order; and (3) require the sheriff or other
    proper officer to whom it is directed to enforce the writ according to
    its terms, in the manner hereinafter provided:

    (a) If the execution be against the property of the judgment


    obligor, to satisfy the judgment, with interest, out of the real or personal
    property of such judgment obligor;

    (b) If it be against real or personal property in the hands of


    personal representatives, heirs, devisees, legatees, tenants, or
    trustees of the judgment obligor, to satisfy the judgment, with
    interest, out of such property;

    (c) If it be for the sale of real or personal property to sell such


    property describing it, and apply the proceeds in conformity with the
    judgment, the material parts of which shall be recited in the writ of
    execution;
    (d) If it be for the delivery of the possession of real or personal
    property, to deliver the possession of the same, describing it, to the party
    entitled thereto, and to satisfy any costs, damages, rents, or profits
    covered by the judgment out of the personal property of the person
    against whom it was rendered, and if sufficient personal property cannot
    be found, then out of the real property; and

    (e) In all cases, the writ of execution shall specifically state


    the amount of the interest, costs, damages, rents, or profits due as of
    the date of the issuance of the writ, aside from the principal
    obligation under the judgment. For this purpose, the motion for
    execution shall specify the amounts of the foregoing reliefs sought by the
    movant.”

    You might also like