GAA v.

CA
3 December 1985 | Patajo, J. | Wage prohibitions > Prohibition against garnishment
PETITIONER: Rosario A. Gaa
RESPONDENTS: CA, Europhil Industries Corporation, and Cesar R. Roxas as Deputy Sheriff of Manila
SUMMARY: CFI ruled for Europhil in a civil case for damages against Gaa and a writ of garnishment was issued on her salary,
commission and remuneration. Gaa filed a motion to lift said garnishment but CFI dismissed her motion and MR, and the CA
affirmed such dismissal. In this case, the SC affirmed the CA since Gaas position in the El Grande Hotel was of a managerial or
supervisory nature and did not make her a laborer whose wages would be exempt from execution.
DOCTRINE: The term laborer refers to those doing manual or physical work and wages are the compensation for such
labor, while the term salary refers to those higher degree jobs that provide mental service. Article 1708 means that only
laborers wages are exempt from execution or attachment except for debts for food, shelter, clothing and medical attendance.
FACTS:
1. Respondent Europhil, former tenant in Trinity Building at
T.M. Kalaw Street in Manila, commenced a civil case in
CFI Manila for damages against then-building
administratior Gaa for "perpetrating certain acts that
Europhil considered a trespass upon its rights: (1) cutting
off its electricity, and (2) removing its name from the
building directory and gate passes of its employees".
2. On June 28, 1974, CFI ruled for Europhil, ordering Gaa
to pay costs, P10,000 as actual damages, P5,000 as
exemplary damages, and P5,000 as moral damages.
3. A writ of garnishment was issued and Deputy Sheriff
Cesar A. Roxas served Notice of Garnishment upon El
Grande Hotel, where Gaa was employed, garnishing her
"salary, commission and/or remuneration."
4. CFI Manila denied Gaas motion and MR to lift said
garnishment on the ground that her salary was exempted
from execution under Art. 1708 CC.
5. On January 26, 1976 Gaa filed certiorari with CA which
was dismissed because she was not a mere laborer.
The term laborer in A1708 does not refer to
managerial or supervisory positions like Gaa's
but only to those "occupying the lower strata."
The term "wages" means the pay given as hire or
reward to artisans, mechanics, domestics or
menial servants, and laborers employed in
manufactories, agriculture, mines, and other
manual occupation, OR to persons hired for
skilled or unskilled manual labor, paid at stated
times, and measured by the day, week, month, or
season," which is the usual meaning of the term
"Wages" in Spanish is "jornal" and one who
receives a wage is a jornalero"
RULE:
CC. ART. 1708. The laborer's wage shall not be subject to
execution or attachment, except for debts incurred for food,
shelter, clothing and medical attendance.
ISSUE:
Whether Gaa is considered a laborer under Article 1708NO
HELD:
Complaint dismissed and CA affirmed. TC did not err in
denying Gaas motion to lift the notice of garnishment.

RATIO:
1. Gaa is not an ordinary or rank and file laborer but was in
a managerial or supervisory position.
She was "a responsibly [sic] place employee," of
El Grande Hotel, "responsible for planning,
directing, controlling, and coordinating the
activities of all housekeeping personnel
She was to ensure the cleanliness, maintenance
and orderliness of guest rooms, function rooms,
public areas, and the surroundings of the hotel
2. The legislature intended the Art. 1708 exemption in
Article 1708 of the New Civil Code to operate only in
favor of the class doing manual labor which is more in
need of the exemption, as they usually look to the reward
of a day's labor for immediate or present support.
3. The courts generally construe the term laborer as one
engaged in some form of manual and physical labor, not
just the broad sense of any labor which may require only
mental skill or business capacity. In determining who is a
"laborer," the character of the work he does must be taken
into consideration, not according to his job designation
(Oliver vs. Macon Hardware Co.; Weymouth v. Sanborn)
Contractors, consulting or assistant engineers,
agents, superintendents, secretaries of
corporations and livery stable keepers,
arenotcovered by the term (Powell v. Eldred).
A traveling salesman, selling by sample, is not
covered by the constitutional provision making
stockholders of a corporation liable for "labor
debts" of the corporation (Jones v. Avery,
Wakefield vs. Fargo).
4. Article 1708 used the word "wages" and not "salary" in
relation to "laborer" when it declared what are to be
exempted from attachment and execution.
"Wages" are compensation for manual labor,
skilled or unskilled, paid at stated times, and
measured by the day, week, month, or season; it
indicates considerable pay for a lower and less
responsible character of employment.
Salary" denotes higher degree of employment,
or superior grade of official or other services,
and implies a position of office (Bell vs. Indian
Livestock Co.)