I. Introduction

“Salary garnishment” and “acquittal” usually come from two different worlds in a person’s life:

Garnishment is a collection tool used in civil or administrative cases to satisfy money judgments;
Acquittal is a result in a criminal case, where the accused is declared not guilty.

But real problems arise when these worlds collide. For example:

An employee’s salary is garnished because of a criminal conviction with civil liability (e.g., estafa with indemnity); and
On appeal, the employee is later acquitted.

Or:

The accused is acquitted, but the civil aspect survives, and a separate judgment for damages is enforced by garnishing salary.

This article explains, within the Philippine legal framework:

What salary garnishment is and how it works;
How criminal acquittal affects civil liability and money judgments;
When garnishment can continue or must stop after acquittal;
What protections the law gives to wages and salaries;
Practical steps for employees and employers.

II. Basic Concepts

1. What is salary garnishment?

Garnishment is a mode of execution of a money judgment where the court orders a third party (called a garnishee)—often the employer or a bank—who holds money or credits belonging to the judgment debtor to withhold and turn over those funds to the judgment creditor.

In the context of employment:

The employee is the judgment debtor;
The employer is the garnishee;
A court-issued writ of execution and notice of garnishment direct the employer to withhold part of the employee’s salary and remit it to the court/creditor.

Garnishment is based on a final and executory money judgment (civil or civil aspect of a criminal case), not on a mere accusation.

2. What is acquittal?

An acquittal is a judgment in a criminal case declaring the accused not guilty of the offense charged. It generally:

Extinguishes criminal liability;
May or may not extinguish civil liability, depending on the kind of acquittal and the legal basis of any civil claim.

Criminal and civil liabilities are distinct:

The same act may give rise to criminal liability and civil liability (e.g., estafa and damages);
Civil liability can survive even after acquittal, in certain circumstances.

III. Framework: Criminal and Civil Liability

1. Civil liability ex delicto

Under the Revised Penal Code and the Civil Code:

Every person criminally liable is also civilly liable for damages caused by the crime (civil liability ex delicto).

In a criminal case:

The civil action for damages is generally deemed instituted together with the criminal action, unless the offended party waives, reserves, or files a separate civil action.

The court can thus decide:

The criminal aspect: guilty or not guilty;
The civil aspect: liable or not liable for damages, and how much.

2. Effect of acquittal on the civil aspect

The effect of acquittal on civil liability ex delicto depends on the basis of the acquittal and on the court’s pronouncements:

Acquittal because the act or omission did not exist at all
- Example: the court finds that the alleged transaction or event never happened.
- In such cases, civil liability ex delicto is usually extinguished, because there is no wrongful act to base it on.
Acquittal because liability was not proven beyond reasonable doubt
- The court may say: “The prosecution failed to prove guilt beyond reasonable doubt, but evidence shows a wrongful act by preponderance of evidence.”
- In this situation, the court can still hold the accused civilly liable, or the offended party may pursue/continue a separate civil case under a lesser standard of proof.
Acquittal with a separate civil basis
- Even if civil liability ex delicto extinguishes, civil actions based on other sources of obligation (contract, quasi-contract, quasi-delict) may still be filed or continued, under the Civil Code.

In short: acquittal does not automatically erase civil liability. One must read the judgment carefully.

IV. When and How Salary Garnishment Happens

1. Need for a final money judgment

Salary garnishment arises only when there is:

A final and executory judgment ordering the payment of a sum of money, and
A writ of execution issued by the court.

This may come from:

A criminal case where the civil liability was adjudged (e.g., conviction with an order to pay damages);
A separate civil case (e.g., collection of sum of money, damages, quasi-delict);
Sometimes, from labor or administrative cases, if reduced to a judgment enforceable through the courts.

Without a final money judgment, there is no legal basis for garnishment.

2. Process of garnishment of salary

In simplified terms:

The judgment creditor asks the court for a writ of execution (because the judgment is final).
The sheriff serves the writ and issues a notice of garnishment to the employer (garnishee).
The employer is directed to withhold from the employee’s salary such amount as may satisfy the judgment, subject to legal exemptions;
The employer must report and remit withheld amounts according to the court’s instructions.

Failure of the employer to comply can expose the employer to liability as garnishee.

V. Legal Protection for Wages and Salaries

1. Civil Code protection

The Civil Code contains special provisions to protect laborers’ and employees’ wages. In essence:

Wages are generally protected from execution, attachment, or garnishment, except for certain limited debts, especially those incurred for basic necessities (like food, shelter, clothing, medical attendance) or as provided by law.

While the exact wording and jurisprudential interpretation can be technical, the overall policy is clear:

The law seeks to prevent a worker from being deprived of the means of livelihood by aggressive creditors.

2. Labor Code and related rules

Labor rules reinforce the idea that:

Employers cannot arbitrarily deduct from wages;
Wage deductions are allowed only in specific situations (e.g., for debts to the employer, union dues, lawful deductions, etc.), or when required by court orders (like garnishment for support).

A writ of garnishment is a court order, so the employer must comply within the limits set by law on:

What portion of wages may be garnished;
Which kinds of debts can be enforced against wages.

3. Special exception: support

Philippine law recognizes that support obligations (e.g., child support, spousal support) are among the most important uses for garnishment of wages. Courts often allow:

A portion of wages to be garnished regularly to satisfy support obligations or arrears in support, within humanitarian limits so the paying party is not left with nothing.

In contrast, ordinary debts (e.g., a loan, commercial debt, or typical civil judgment) face stronger protections over wages.

VI. Scenarios Involving Acquittal and Salary Garnishment

Now we combine the two ideas: acquittal and garnishment.

Scenario A: Salary garnished based on a criminal conviction, then acquittal on appeal

Trial court conviction
- The accused is convicted and ordered to pay civil liability (e.g., damages, restitution).
- The judgment becomes final, or execution is allowed, and the creditor seeks to collect via salary garnishment.
- Employer starts withholding a portion of salary.
Appeal leads to acquittal
- On appeal, a higher court reverses the conviction, issuing a judgment of acquittal.
- Effect on civil liability depends on the appellate decision:
  - If the court also reverses or sets aside the civil liability, there is no longer any basis to continue garnishment from that criminal case.
  - If the court acquits but explicitly maintains civil liability, the civil aspect remains enforceable, and garnishment can continue.
Stopping the garnishment after full acquittal

If the appellate decision completely wipes out the civil liability:

The judgment debtor (now acquitted) can move to:
- Inform the trial court and sheriff of the appellate decision;
- Move to quash the writ of execution and garnishment, attaching a certified copy of the appellate judgment;
- Notify the employer of the new court order lifting the garnishment.
Garnishment must cease, since there is no more enforceable money judgment.

As for amounts already deducted and paid:

In principle, if the underlying judgment is reversed, the law recognizes a right to restitution (return of what was paid under a reversed judgment).
However:
- It may be complicated if the amounts have already been turned over to the private complainant;
- A separate motion or even a civil action may be needed to recover those amounts, depending on circumstances and court directives.

Scenario B: Acquittal but with civil liability maintained or separate civil case

Here, the appellate court may say:

The accused is acquitted because guilt was not proven beyond reasonable doubt;
However, by preponderance of evidence, the accused is still liable to pay damages.

In such a case:

The civil judgment remains, and execution can proceed (or continue) through normal means, including garnishment of salary, subject to wage protections and exemptions.

Alternatively:

The criminal case ends in acquittal without clear civil adjudication;
The offended party then files or pursues a separate civil case for damages (e.g., based on quasi-delict or contract);
If that separate civil case ends in a final money judgment, it can be executed via garnishment, whether or not the accused was acquitted in the criminal case.

Acquittal does not immunize the employee’s salary from garnishment if there is a valid civil judgment.

Scenario C: Acquittal that expressly declares that no act/omission occurred

If the judgment states in substance:

That the alleged act or omission “did not exist”;
That the accused did not commit any act from which civil liability could arise,

then the law generally treats this as extinguishing civil liability ex delicto arising from that act.

Effects:

The civil aspect of the criminal case is extinguished;
Any garnishment based solely on that case must cease, because the legal basis (money judgment) is gone;
Civil claims based on other legal grounds (e.g., contract) would require separate proceedings and cannot ride on a criminal judgment that declares no act occurred.

VII. Distinguishing Salary Garnishment From Other Collections

It’s important to distinguish:

Garnishment of salary
- Employer is ordered to withhold future or ongoing salary payments up to an allowed portion;
- Strictly regulated and often limited, especially for ordinary debts.
Attachment or levy on other assets
- The sheriff may seize or levy on debtor’s bank accounts, vehicles, real property, or other non-exempt property;
- These assets generally have fewer protections than wages.

Even if wage garnishment is limited or disallowed in a particular situation, a judgment creditor may still pursue other non-exempt assets for collection.

VIII. Rights and Duties of the Employee and Employer

1. Employee’s rights

The employee:

Has the right to due process in the underlying criminal or civil case;
Has the right to be heard if a writ of execution and garnishment is issued;
May file motions in court to:
- Question the validity or scope of the garnishment;
- Claim that the salary is exempt or that the garnishment is excessive;
- Seek to lift or modify the garnishment, especially after acquittal or if the judgment is reversed.

After acquittal, the employee should:

Secure certified copies of the acquittal decision;
Promptly bring the matter to the trial court that issued the writ;
Ensure the court formally recalls or modifies its writs;
Provide the employer with a copy of the court order lifting the garnishment.

2. Employer’s obligations as garnishee

The employer:

Must strictly comply with court orders on garnishment;
May become liable itself if it ignores or disobeys writs (for example, by continuing to pay full salary instead of remitting garnished amounts once properly served).

At the same time:

When presented with new orders or an appellate decision lifting or nullifying the basis of garnishment, the employer must adjust its actions accordingly;
The employer should avoid independently deciding whether an acquittal has ended the garnishment; instead, it should rely on clear court orders and, if needed, seek clarification from the court.

IX. Government Employees vs. Private Sector

In general:

The basic rules on garnishment of salary and the effect of acquittal on civil liability apply to both government and private employees.

For government employees, additional rules may come into play:

Budgeting and disbursement rules;
COA (Commission on Audit) policies on handling court-directed deductions;
Specific internal procedures for implementing and recording salary deductions.

But the core principles remain:

A valid money judgment is needed for garnishment;
If that judgment is reversed or nullified (e.g., by acquittal that wipes out civil liability), garnishment should stop, subject to proper court orders.

X. Restitution: Getting Money Back After a Reversed Judgment

If salary has been garnished and turned over to a creditor based on a judgment that is later reversed due to acquittal or modification:

Right to restitution in principle

The law generally recognizes that:

What has been paid under a judgment that is subsequently reversed or annulled should be returned, as the basis for payment no longer exists.

Practical difficulties

However, restitution may not be automatic:

The money may now be in the hands of the private complainant, not the court;
The employee may have to file:
- A motion for restitution in the same case; or
- A separate civil action for the return of amounts unjustly retained, depending on the circumstances and court rulings.

Timing and coordination

Acting quickly and documenting all payments/garnishments is crucial:

Keep pay slips, employer certifications, and court receipts;
Coordinate with legal counsel to determine the best remedy.

XI. Practical Takeaways

Acquittal does not always erase civil liability. What matters is the exact wording of the judgment and whether it extinguishes the civil aspect or maintains civil liability on some basis.
Salary garnishment is based on a money judgment, not on guilt alone. If the money judgment survives (criminal civil liability or separate civil judgment), garnishment can continue, even if there’s an acquittal on the criminal aspect.
Wages enjoy special legal protection. The law is protective of wages. Garnishment of salary is limited and often subject to exemptions, especially for ordinary debts.
If a higher court acquits and sets aside civil liability, garnishment should stop. The employee must, however, actively pursue:
- The recall of writs of execution/garnishment;
- The issuance of orders to the employer;
- Possible restitution of amounts already paid.
Employers must follow the court, not their own guesses. Employers should rely on formal court orders in starting, modifying, or lifting garnishments.
Documentation is everything. Keep copies of:
- Judgments (trial and appellate);
- Writs of execution/garnishment;
- Pay slips and remittance records.
Legal advice is strongly recommended for actual cases. Each situation can turn on small details: the basis of acquittal, wording of judgments, the nature of the debt, the employee’s wage level, and existing jurisprudence. Personalized legal counsel can assess:
- Whether civil liability remains;
- Whether wages are properly exempt;
- The best procedural steps to stop unjust garnishment or recover what has been taken.

XII. Conclusion

In the Philippine legal system, salary garnishment after acquittal is not a simple yes-or-no question. It depends on:

The nature of the acquittal (does it wipe out the civil aspect?);
Whether there is still a valid money judgment;
The protective rules on wages and the specific exceptions allowed by law.

Understanding the distinctions between criminal liability, civil liability, and execution procedures is crucial for both employees and employers. When in doubt—especially where significant amounts and livelihoods are involved—seeking competent legal assistance within the Philippine jurisdiction is the safest course of action.