SC: Public officials' salaries can be garnished for debts

The Supreme Court (SC) ruled that the salaries of public officials can be legally collected to settle monetary obligations.

In a decision penned by Associate Justice Samuel Gaerlan, the SC Third Division upheld the garnishment of Baguio City councilor Fred Bagbagen's salary to pay off his debt of P308,000.

The court clarified that once a public official’s salary is deposited into their personal bank account, it ceases to be considered government property and can therefore be subject to garnishment.

Despite Bagbagen arguing that his salary was government property until spent, both the Regional Trial Court and Court of Appeals ruled against him.

Under Rule 39 of the Rules of Court, salaries may be garnished to settle debts, but there is an exception for manual laborers under Article 1708 of the Civil Code.

The SC decision was promulgated in February and released publicly in July, reminding public officials that they are held to tighter standards due to their constitutional role as custodians of public trust.