Case Digest (G.R. No. L-5513)
Facts:
- Case: Del Rosario v. Nava, G.R. No. L-5513, decided on August 18, 1954.
- Plaintiff-Appellee: Domingo Del Rosario.
- Defendant-Petitioner-Appellant: Gonzalo P. Nava.
- Surety: Alto Surety & Insurance Co., Inc..
- Dispute initiated by an ejectment suit filed by Del Rosario against Nava in the Municipal Court of Manila (Civil Case No. 4467).
- On January 30, 1948, Del Rosario secured a writ of attachment by posting a bond of P5,000, with Alto Surety as the surety.
- The Municipal Court ruled in favor of Del Rosario, prompting Nava to appeal to the Court of First Instance of Manila (Civil Case No. 4949).
- Nava filed a counterclaim for malicious attachment, seeking P5,000 in damages, without notifying the surety.
- On July 21, 1950, the Court of First Instance ruled in favor of Nava, awarding him P5,000 in damages.
- A writ of execution was issued but returned unsatisfied due to Del Rosario's lack of leviable property.
- On November 7, 1951, Nava sought to compel the surety to pay the damages, but the surety opposed, claiming the motion was untimely.
- The Court of First Instance denied Nava's motion on December 10, 1951, leading to his appeal to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court determined that notice to the sureties must be given before the judgment against the principal becomes final and executory.
- The Court upheld the lower court's decision to deny Nava's appli...(Unlock)
Ratio:
- The Court analyzed Section 20 of Rule 59, which mandates that claims for damages from wrongful attachment be included in a single judgment against both the principal and the sureties.
- This rule is designed to prevent multiple lawsuits and ensure all damage awards are consolidated into one final judgment.
- The Court clarified that the surety is not required to wait for th...continue reading
Case Digest (G.R. No. L-5513)
Facts:
In the case of Del Rosario v. Nava, G.R. No. L-5513, decided on August 18, 1954, the plaintiff-appellee was Domingo Del Rosario, while the defendant-petitioner-appellant was Gonzalo P. Nava. The surety involved in the case was Alto Surety & Insurance Co., Inc. The dispute originated when Del Rosario initiated an ejectment suit against Nava in the Municipal Court of Manila, recorded as Civil Case No. 4467. On January 30, 1948, Del Rosario secured a writ of attachment by posting an attachment bond amounting to P5,000, with Alto Surety & Insurance Co., Inc. acting as the surety. Following a trial, the Municipal Court ruled in favor of Del Rosario, prompting Nava to appeal the decision to the Court of First Instance of Manila, which was assigned Civil Case No. 4949. In this appellate court, Nava filed a counterclaim, alleging that the attachment had been obtained maliciously and without sufficient cause, and sought damages of P5,000. However, he neglected to notify the surety, Alto Surety & Insurance Co., Inc., regarding this counterclaim. On July 21, 1950, the Court of First Instance ruled in favor of Nava, awarding him P5,000 in damages. Once the judgment became final, a writ of execution was issued but returned unsatisfied due to the absence of any leviable property belonging to Del Rosario. On N...