Flashcards Studio

A local consumer cooperative extends PHP 640,000 to D for a microenterprise. D signs a promissory note but defaults. After trial, the court renders a money judgment in favor of the cooperative. D has no cash on hand but shows a monthly salary of PHP 22,000 and ownership of a motor vehicle valued at PHP 280,000. The creditor moves for imprisonment of D for non-payment to enforce the judgment, and the court issues an arrest warrant. D challenges that imprisonment for debt is prohibited by the Constitution. (a)Identify the controlling doctrine and the constitutional basis. (b)Distinguish the enforcement remedies available for collecting a civil debt from imprisonment for debt. (c)Apply the doctrine to the facts and determine whether the arrest is lawful and what remedies the creditor may pursue.