Case Digest (G.R. No. L-44169)
Facts:
Rosario A. Gaa v. The Honorable Court of Appeals, Europhil Industries Corporation, and Cesar R. Roxas, G.R. No. L-44169. December 03, 1985. First Division. Patajo, J., writing for the Court.Petitioner Rosario A. Gaa was the building administrator of Trinity Building when Europhil Industries Corporation (respondent) brought Civil Case No. 92744 in the Court of First Instance of Manila on December 12, 1973, claiming damages for acts it characterized as trespass — notably cutting electricity and removing the company’s name from the building directory and gate passes. On June 28, 1974 the trial court rendered judgment for Europhil, awarding P10,000.00 actual damages, P5,000.00 moral damages, P5,000.00 exemplary damages, and costs.
After the decision became final and executory, a writ of garnishment issued and Deputy Sheriff Cesar A. Roxas served a Notice of Garnishment on El Grande Hotel (where petitioner was employed) on August 1, 1975, garnishing petitioner’s “salary, commission and/or remuneration.” Petitioner moved in the Court of First Instance to lift the garnishment, invoking Article 1708 of the New Civil Code (exemption of the laborer’s wage from execution). The trial court denied the motion by order dated November 7, 1975; a motion for reconsideration was likewise denied.
Petitioner filed a petition for certiorari with the Court of Appeals on January 26, 1976 challenging the trial court’s order. The Court of Appeals dismissed the petition on March 30, 1976, holding that Article 1708’s protection applies to “laborers occupying the lower strata” and that the terms “wages” and “laborer” are ordin...(Pro-only)
Issues:
- Whether petitioner’s salaries, commissions and other remuneration are exempt from execution under Article 1708 of the New Civil Code because she is a “laborer” within the meaning of that p...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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