Garnishment Period After Receipt of a Writ of Execution in the Philippines A Comprehensive Practitioner-Focused Guide (2025 update)
1. What “garnishment” means in Philippine execution practice
| Concept | Key points |
|---|---|
| Garnishment | A levy on intangible property—debts, credits, deposits, salaries or other personal property—belonging to the judgment debtor but in the possession or control of a third person (the “garnishee”). |
| Legal source | Primarily Rule 39 (Execution, Satisfaction & Effect of Judgments) of the Rules of Court; complemented by specific sectoral rules (e.g., NLRC, CTA, BIR, BSP). |
| Nature | A species of attachment in aid of execution; a forced novation where the garnishee becomes a “virtual party-litigant” and debtor of the court. Service of the writ creates a lien and places the credits in custodia legis. |
2. Timeline once the writ reaches the garnishee
Below is the standard civil-court sequence. (Administrative venues—NLRC, CTA, BIR, etc.—mirror these periods but often tweak the number of days.)
| Stage | Mandatory / usual period | Authority / practice note |
|---|---|---|
| a. Service of the writ & notice on garnishee | Day 0 – sheriff/process server hands (1) writ, (2) notice to garnishee, (3) notice to judgment debtor on the same day if practicable. | Rule 39 §9(b) & (c) (as renumbered by A.M. No. 19-10-20-SC, eff. May 1 2020). |
| b. Immediate legal effect | Instantaneous – the credits are frozen from the moment of valid service; later transactions are void as to the judgment creditor. | Philippine National Bank v. Court of Appeals, G.R. L-28229 (Apr 30 1982); PCGG v. Sandiganbayan, G.R. 151312 (Jan 25 2017). |
| c. Garnishee’s sworn answer | 5 calendar days from service (default wording still used by most sheriffs; some writs give 10 days to align with Rule 13-service periods). | Analogous to Rule 57 §7 (preliminary attachment) and long-standing execution practice; failure = garnishee’s default liability (Rule 39 §9[d]). |
| d. Turn-over / remittance | Immediately after answer, but not later than 5 days thereafter, the garnishee must: 1) deliver money/property to the sheriff or 2) explain legal impediment (e.g., multiple claims, exemptions). | Express directive in standard writ template issued under OCA Cir. 113-2019; see China Banking v. Jatasya, G.R. 161478 (Jan 14 2013). |
| e. Sheriff’s first “return” | 30 days from receipt of the writ—sheriff files a report stating acts taken and balance unsatisfied. | Rule 39 §13 (unchanged by 2019 amendments). |
| f. Successive returns | Every 30 days thereafter until the judgment is fully satisfied or the writ is withdrawn/expired. | Same rule; failure is administrative offense (OCA circulars). |
| g. Life of the writ | 5 years from entry of the judgment. After 5 years but before 10 years: creditor must file an action for revival of judgment; after 10 years the judgment is barred by prescription. | Rule 39 §6; Magtanong v. Court of Appeals, G.R. 156504 (Aug 12 2004). |
| h. When the garnishment lien ends | 1) full satisfaction; 2) court order lifting/quashing writ; 3) judgment reversed/annulled; 4) supersedeas bond approved; 5) writ expires without revival. | Jurisprudence; see Montilla v. CA, G.R. 166202 (Jan 20 2016). |
Practical reading: The “period” that matters in practice is two-tiered: • 5–10 days for the garnishee to respond/comply, otherwise contempt & direct monetary liability attach; • up to 5 years (life of the writ) within which the garnishment lien can be repeatedly enforced until the judgment is fully paid.
3. Sector-specific or special rules on timing
| Context | Special period / nuance | Source |
|---|---|---|
| Banks (BSP-supervised) | • Freeze immediately; | |
| • Issue certification within 24 hours; | ||
| • Remit funds within 5 banking days or upon order. | BSP Manual of Regulations for Banks, Sub-Sec. X406.2(7); BSP Cir. 795 (2013); case law imposing solidary liability for delay (China Banking, supra). | |
| Government funds & GOCCs | No garnishment without specific congressional appropriation; hence sheriffs usually give 10 days for COA comment → writ often lifted. | Republic v. COCOFED, G.R. 147062-64 (Dec 14 2001); Art. VI §29(1), 1987 Constitution. |
| Employers (wages) | Garnishment allowed only for: |
- support, 2) union dues, 3) taxes. Maximum 25 % of disposable earnings per pay period. | Art. 1708 Civil Code; Art. 113-116 Labor Code; Philippine Savings Bank v. Lopez, G.R. 211064 (Mar 11 2020). | | NLRC executions | Bank/employer garnishee to answer within 10 calendar days; sheriff’s writ valid for 60 days but renewable until satisfaction. | 2023 NLRC Rules of Procedure, Rule XI §4 & §5. | | BIR levy/garnishment for taxes | Warrant served; taxpayer has 10 days to pay before BIR may levy; garnishee must comply within 5 days or face 25 % surcharge. | NIRC §207 & Rev. Regs. 12-99. |
4. Jurisprudential milestones on duration and effect
- Montilla v. CA, G.R. 166202, 20 Jan 2016 – Garnishment lien subsists until the debt is paid or writ annulled, even past the sheriff’s 30-day return period.
- China Banking v. Jatasya, G.R. 161478, 14 Jan 2013 – Bank that delays remittance after valid service is solidarily liable for the full judgment plus legal interest.
- PCGG v. Sandiganbayan, G.R. 151312, 25 Jan 2017 – Moment of service marks commencement of lien; subsequent third-party transfers are void.
- Republic v. Cojuangco, G.R. 103882-83, 24 Feb 1992 – No writ may garnish public funds without legislative appropriation.
- Manila Electric Co. v. CA, G.R. 101908, 14 Jan 1999 – Garnishment of a utility’s funds allowed; corporate funds are not public funds.
- Magtanong v. CA, supra – Strict application of 5-year/10-year rule on writ validity and revival.
5. Interaction with the 2019 Revised Rules of Civil Procedure
- Rule 39 was substantially renumbered but not watered down. – Periods above (5-day answer; 30-day sheriff return; 5-year life) remain intact.
- Electronic service is now allowed (Rule 13). If the court expressly permits, service of the writ on a corporate garnishee via registered e-mail triggers the same immediate lien; the 5-day clock starts on the date/time stamp of receipt.
- Judgments on compromise & small-claims are now immediately executory; garnishment may issue the same day the decision is promulgated.
6. Frequently misunderstood points
| Misconception | Correct view |
|---|---|
| “Sheriff’s writ expires after 30 days if still unsatisfied.” | Only the return is due in 30 days. The levy/garnishment continues until satisfied, unless quashed or the 5-year life of the writ lapses. |
| “If the garnishee fails to answer in 5 days the lien automatically lapses.” | The opposite: failure or refusal makes the garnishee personally liable for the amount garnished, plus contempt. |
| “Partial remittance releases the remaining funds.” | No. Garnishment continues pro rata until full satisfaction or court order lifting the lien. |
| “A new writ is needed each time the sheriff reminds the garnishee.” | Within the 5-year window, the original writ suffices; sheriffs usually send follow-up notices/aliases only for administrative tracking. |
7. Practitioner’s checklist (civil courts)
- Secure writ – file motion for issuance; pay fees; get writ same day.
- Coordinate with sheriff – verify correct garnishee addresses; provide copies of judgment & computation.
- Same-day service – accompany sheriff; insist on signed proof of service.
- Calendar the 5-day & 10-day markers – follow up written answer and remittance.
- Monitor sheriff returns every 30 days – ask court to direct sheriff/garnishee if silent.
- If garnishee non-compliant – move for (a) garnishee’s examination under oath, (b) issuance of alias writ, (c) contempt/sanctions.
- Track the 5-year expiry – if judgment still unpaid after 4 years + 10 months, prepare revival action.
8. Conclusion
The operative “garnishment period” begins the moment the writ and notice hit the garnishee’s hands and, barring court intervention, does not end until either the judgment is fully paid or the writ’s statutory life (five years from judgment entry) runs out. Within that span, strict micro-periods—five to ten days for compliance and 30-day sheriff reports—keep the process moving and penalise foot-dragging. Understanding and calendaring these layers of time is indispensable for judgment creditors, sheriffs, and garnishees alike in the Philippine legal system.