01 October 2019

Re: Notice of Garnishment

Gentlemen:
This is in response to your query on whether a Notice of Garnishment may be enforced
by a Sheriff without a writ of execution being issued and served upon the employer.
Based on the facts known to us, an adverse judgment was rendered by the Labor Arbiter
(LA) against the employer, to which the employee filed an appeal. On the other hand, the
employer did not contest the LA’s decision and only filed a comment to the employee’s appeal.
The NLRC then rendered a decision modifying the LA’s decision, which increased the monetary
awards in favor of the employee. The employer then filed a Petition for The employer then filed
a Petition for Certiorari under Rule 65 to the Court of Appeals assailing the adverse decision of
the NLRC. It is not known whether a Temporary Restraining Order (TRO) was prayed for to
enjoin the enforcement of the monetary award.
Without a motion for execution filed by the employees or a writ of execution issued by
the NLRC, the Sheriff proceeded to serve a Notice of Garnishment on the employer’s bank
accounts.
We are of the opinion that the Sheriff acted without authority in serving the Notice of
Garnishment on the employer’s bank account without a writ of execution being issued by the
appropriate officer.
Under the 2011 NLRC Rules of Procedure and DOLE Sheriff’s Manual on Execution of
Judgments, a writ of execution may be issued motu proprio or upon motion1 by the prevailing
party. After which, the writ of execution shall serve a copy thereof upon the losing party before
proceeding to satisfy the judgment out of the latter’s properties. Rule III, Section 3 (a) of the DOLE
Sheriff’s Manual on Execution of Judgments specifically states that –
“Section 3. Issuance, Form and Contents of Writ of Execution. –
xxx xxx xxx
a) If the judgment is for the payment of sum of money, the writ shall be
served by the Sheriff upon the losing party, his/her representative, or
upon any other person required by law to obey the same before
proceeding to satisfy the judgment out of the personal property of such
party and, if no sufficient personal property can be found, then out of
his/her real property…”2 (emphasis supplied)

1
2011 NLRC Rules of Procedure, Rule XI, Sec. 1(a)
2
DOLE Sheriff’s Manual on Execution of Judgments, Rule III, Section 3(a)
 The above-cited provision should also be read in conjunction with Rule XI, Section 9 of
the 2011 NLRC Rules of Procedure and Rule IV, Section 2 of the Manual on Execution of
Judgments as to the manner a writ of execution would be implemented, thus—
“SECTION 9. MANNER OF EXECUTION OF MONETARY JUDGMENT.- (a) Upon
the issuance of a writ of execution by the Labor Arbiter of the Commission, the Sheriff
shall immediately furnish the losing party with a copy thereof by registered mail
or by courier authorized by the Commission and enforce the judgment award, as far
as practicable, in the following order:
(1) Cash bond
(2) Bank deposits
(3) Surety bond3
xxx xxx xxx
Section 2. Execution of Monetary Judgment.—
a) Immediate payment on demand. – The Sheriff shall enforce the execution of a
judgment for money by demanding from the losing party the immediate
payment of the full amount stated in the writ of executed and all lawful fees as
provided under Section 4 of Rule IX hereof. The losing party shall pay in cash
or certified bank check payable to the Office issuing the writ, or any other form
of payment acceptable to the prevailing party…
b) Garnishment of debt and credits. – The Sheriff may levy on debts due the losing
party 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.”4
It should be clear from the foregoing that a writ of execution issued by the NLRC served
upon the losing party is an indispensable requirement before a Sheriff may proceed to satisfy the
judgment award against the properties of the employer. Even assuming that the writ of execution
was served upon the employer, the 2011 NLRC Rules of Procedure specifically provides that the
Sheriff shall first demand payment of the judgment award in cash or certified bank check and it
is only after the failure of the employer to pay may the Sheriff proceed to garnish the former’s
bank accounts. In view of the foregoing, it was improper for the Sheriff to immediately garnish
the employer’s bank accounts without serving the writ of execution to the latter first as it is
contrary to the procedures set forth in the 2011 NLRC Rules of Procedure and DOLE Sheriff’s
Manual on the Execution of Judgment.
We trust the foregoing responds to your queries. It shall be understood, however, that the
foregoing opinion was rendered based solely on the facts as related to us and the provided
documents.

Should you have any questions or clarifications, please do not hesitate to write or call us.

3
2011 NLRC Rules of Procedure Rule XI, Sec. 8
4
DOLE Sheriff’s Manual on Execution of Judgments, Rule III, Sec. 2
Very truly yours,