In the Philippines, a Writ of Execution often leads to the garnishment of a debtor’s salary to satisfy a court judgment. While creditors have a right to be paid, the law also recognizes that a debtor must retain enough income to sustain their life and health—especially when faced with mounting medical expenses.
Under the Rules of Court, there are specific mechanisms to move for a reduction of garnishment based on financial hardship and the necessity of support.
1. The Legal Basis: Rule 39
The primary regulation governing this is Rule 39 of the Rules of Court (Execution, Satisfaction, and Effect of Judgments). Specifically, Section 13 lists properties that are exempt from execution.
Section 13(i), Rule 39: > "So much of the earnings of the judgment obligor for his personal services within the month preceding the levy as are necessary for the support of his family."
While a portion of your salary can be garnished, the court cannot take so much that you are unable to provide for the basic needs of your family, which include food, shelter, and medical care.
2. Grounds for Reducing Garnishment
To successfully reduce a garnishment, you must prove that the current deduction rate prevents you from meeting "necessary" medical needs. Valid grounds include:
- Chronic Illness: Regular expenses for maintenance medicine or dialysis.
- Emergency Hospitalization: Sudden large bills that require immediate liquidity.
- Dependent Care: Medical expenses for a spouse, child, or elderly parent whom the debtor is legally obligated to support.
3. Step-by-Step Procedure to File the Motion
Filing a motion is a formal court process. It is highly recommended to seek assistance from the Public Attorney’s Office (PAO) if you qualify as an indigent, or a private lawyer.
Step A: Drafting the "Motion to Reduce Garnishment"
You must prepare a written motion addressed to the court that issued the Writ of Execution. The document should include:
- Caption: The case title and docket number.
- Statement of Facts: Clearly explain the current garnishment (e.g., "30% of monthly salary is being deducted").
- The Ground: Detail the medical condition and the corresponding costs.
- Prayer: Explicitly state the desired reduction (e.g., "Requesting to reduce the garnishment from 30% to 10%").
Step B: Attaching an Affidavit of Merit
An Affidavit of Merit is a sworn statement by the debtor (you) under oath, affirming that the financial hardship is real and that the motion is not being filed simply to delay the case.
Step C: Notice of Hearing and Proof of Service
Under Philippine procedural law, you must:
- Include a Notice of Hearing stating the date and time the motion will be heard.
- Serve a copy of the motion to the Judgment Creditor (the person or company you owe).
- Provide Proof of Service (Post Office receipt or a signed receiving copy) to the court.
Step D: The Hearing
During the hearing, the judge will evaluate your claim. The creditor may oppose the motion, arguing that they also have a right to a speedy recovery of the debt. The judge will balance these interests based on the evidence presented.
4. Required Documentary Evidence
The court will not grant a reduction based on verbal claims alone. You must provide a "paper trail" of your medical burden:
| Document Type | Purpose |
|---|---|
| Medical Certificate | Proof of the diagnosis and the necessity of treatment. |
| Official Receipts | Evidence of past payments for medicines or hospital stays. |
| Medical Prescriptions | Proof of the recurring cost of maintenance drugs. |
| Payslips | To show the current net take-home pay after the garnishment. |
| Affidavit of Expenses | A breakdown of monthly household costs (rent, utilities, food) vs. medical costs. |
5. Important Considerations
The "Substantial Evidence" Rule
The burden of proof lies with the debtor. If you claim you need 5,000 Pesos a month for medicine, you must show prescriptions and price quotes. If the evidence is vague, the court is likely to deny the motion.
Pro-Bono Assistance
If you cannot afford a lawyer to draft this motion, you may visit:
- The Public Attorney’s Office (PAO): Available in most city halls and DOJ buildings.
- IBP Legal Aid: The Integrated Bar of the Philippines provides free legal services to those who pass the means test.
Effect on the Total Debt
Reducing the monthly garnishment does not reduce the total debt. It only extends the period it takes to pay off the judgment. Interest may continue to accrue on the remaining balance unless the court orders otherwise or a settlement is reached.
Summary of the Process
- Identify the Court: Locate the specific branch that issued the execution order.
- Gather Receipts: Compile all medical-related financial records.
- Draft and File: Submit the Motion to Reduce Garnishment with the Notice of Hearing.
- Serve the Creditor: Ensure the opposing party receives their copy.
- Appear in Court: Present your financial reality to the judge.