Garnishee becoming virtual party, forced intervenor
It is a settled rule that upon service of the writ of garnishment, the
garnishee becomes a “virtual party” or “forced intervenor”
to the case and the trial court thereby acquires jurisdiction to bind the
garnishee to comply with its orders and processes. In Perla Compania de
Seguros, Inc. v. Ramolete,[1] the Supreme Court ruled:
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In order that the trial court may validly acquire jurisdiction to bind the person of the garnishee, it is not necessary that summons be served upon him. The garnishee need not be impleaded as a party to the case. All that is necessary for the trial court lawfully to bind the person of the garnishee or any person who has in his possession credits belonging to the judgment debtor is service upon him of the writ of garnishment.
The Rules of Court themselves do not require that the garnishee be served with summons or impleaded in the case in order to make him liable.
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Through the service of the writ of garnishment, the garnishee becomes a “virtual party” to, or a “forced intervenor” in, the case and the trial court thereby acquires jurisdiction to bind him to compliance with all orders and processes of the trial court with a view to the complete satisfaction of the judgment of the court.[2]
[1] G.R. No. 60887, November 13, 1991, 203 SCRA 487.
[2] Id. at 491-492.