Case Digest (G.R. No. L-34222)
Facts:
The People of the Philippines v. Ignacio Sanchez, G.R. No. L-34222, January 24, 1974, the Supreme Court First Division, Munoz Palma, J., writing for the Court. The appeal stems from a judgment on a forfeited appeal bond posted by Luzon Surety Company, Inc. (appellant) for the provisional release of accused Ignacio Sanchez in Criminal Case No. 66475.On November 2, 1963, the appellant filed an appeal bond for P6,000 to secure Sanchez's provisional release. On March 17, 1965, the Court of First Instance of Manila ordered the arrest of Sanchez and the confiscation of the appeal bond because Sanchez failed to appear for execution of the final judgment. The trial court rendered judgment on the appeal bond on October 25, 1965.
Appellant apprehended Sanchez and surrendered him to the Manila Police Department on April 18, 1966, and moved the trial court to reduce its liability on the forfeited bond from P6,000 to P300 (10%), asserting substantial compliance. By order dated May 28, 1966, the trial court granted a partial reduction and fixed the liability at 25% of the original bond (P1,500). A motion for reconsideration seeking further reduction to 10% was denied on June 25, 1966.
The appellant elevated the matter to the Court of Appeals (docketed CA-G.R. No. 06904-CR, July 25, 1967), but by Resolution dated July 31, 1971 the Court of...(Subscriber-Only)
Issues:
- Did the trial court commit grave abuse of discretion in reducing the forfeited appeal bond to 25% rather than to 10%, such that this Court should further reduce the liability?
- Did the appellant demonstrate sufficient diligence or other circumstances (e.g., proportionality of bond to sentence) to justify a reduction...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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