Dela Victoria v Burgos; G.R. No. 111190; 27 Jun 1995; 245 SCRA 374

FACTS:
A notice of garnishment in connection with a trial judgment ordering the defendants therein to pay the plaintiff for damages was served on petitioner under whose office one defendant, an assistant city fiscal, was detailed. The notice directed petitioner not to disburse, transfer, release or convey to any other person except to the deputy sheriff concerned the salary checks, among others, belonging to said defendant.

ISSUE(S):
Whether or not the salary of a government officer or employee may be garnished.

RULING:
NO. The salary of a government officer or employee does not belong to him before it is physically delivered to him. Until that time the check belongs to the government. Accordingly, before there is actual delivery of the check, they payee has no power over it; he cannot assign it without the consent of the Government.

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Category: Legal Chyme

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