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All Jurisprudence based

0 tracked cards Political and Public International Law

Facts: A private lender sues D for PHP 1,000,000; D signs a promissory note but later defaults. After trial, the court renders a money judgment in favor of the lender. D’s take-home pay is PHP 42,000 per month and D owns a house valued at PHP 5,000,000 plus a pickup truck valued at PHP 400,000. The lender 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.

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The arrest is lawful because the debt is civil and arises from a contract; the creditor may imprison the debtor until the debt is paid. The arrest is lawful if the debtor has assets that are non-exempt; the creditor may directly seize them at arrest and sell them to satisfy the judgment. Arrest for non-payment of a civil debt is not lawful; imprisonment is prohibited by the Constitution. The creditor must enforce the judgment through ordinary civil remedies such as levying on non-exempt property and garnishing wages. Arrest may be proper if the debtor willfully disobeys a valid court order to pay; the court may imprison the debtor for contempt until payment.

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