Title
Pangasi Province vs. Viloria
Case
G.R. No. 35688
Decision Date
Apr 5, 1932
If the principal debtor is no longer liable, the surety is also not liable, leading to the reversal of the judgment against the plaintiff.
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Case Digest (G.R. No. 35688)

Facts:

  • The case is Pangasinan Province vs. Viloria et al. (G.R. No. 35688), decided on April 5, 1932.
  • The dispute involved a contract between the Province of Pangasinan and contractor Viloria, who was engaged in a public works project.
  • The contractor failed to meet his contractual obligations.
  • The provincial government sought recourse against both the contractor and the sureties.
  • The lower court ruled in favor of the Province of Pangasinan, holding the sureties liable for the contractor's default.
  • The sureties contested the ruling, claiming that if the principal (contractor) was no longer liable, they should also be released from their obligations.
  • The case was elevated to the Supreme Court for review.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled in favor of the sureties, reversing the lower court's judgment.
  • The Court determined that if recourse against ...(Unlock)

Ratio:

  • The decision was based on the principle of suretyship, which states that a surety's obligation is secondary to that of the principal.
  • The loss of recourse against the principal contractor meant that the sureties could not be held liable for the contractor's failure to perform.
  • The Court emphasized that a surety's liability depends on the principal's liability; if the pr...continue reading

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