Case Digest (G.R. No. L-10153)
Facts:
- Plaridel Surety & Insurance Co., Inc. is the petitioner.
- Respondents include Hon. Agustin P. Montesa, Judge of the Court of First Instance of Nueva Ecija, and the Sheriff of Nueva Ecija.
- The petitioner acted as a surety for Mariano V. Alfaro's provisional release in a criminal case.
- Alfaro failed to appear for his arraignment on August 31, 1955.
- The court ordered the forfeiture of the bond and allowed a thirty-day period for the surety to produce Alfaro or show cause.
- After the thirty days, the court declared the forfeiture final and executory on November 12, 1955.
- The surety filed a petition for reconsideration on November 19, 1955, claiming Alfaro had died before the arraignment.
- The court denied the petition but reduced the forfeited amount from P15,000 to P1,000.
- A second motion for reconsideration was also denied.
- The surety then filed a petition for certiorari, alleging excess of jurisdiction and grave abuse of discretion by the court.
Issue:
- (Unlock)
Ruling:
- The court ruled that Alfaro's death did not excuse the surety from complying with the order to show cause regarding the bond forfeiture.
- The court found that the denial of the surety's petition for reconsideration was not made in excess of jurisdiction or with grave abuse of discretion....(Unlock)
Ratio:
- The court reasoned that the surety's obligation to comply with the order to show cause remained despite the accused's death.
- The law mandates that the surety must fulfill its obligations under the bond, regardless of the accused's circumstances.
- The order of forfeiture had become final and execu...continue reading
Case Digest (G.R. No. L-10153)
Facts:
The case involves Plaridel Surety & Insurance Co., Inc. as the petitioner and Hon. Agustin P. Montesa, Judge of the Court of First Instance of Nueva Ecija, along with the Sheriff of Nueva Ecija, as respondents. The events leading to this case began when the petitioner acted as a surety for the provisional release of an accused, Mariano V. Alfaro, in a criminal case pending trial in the Court of First Instance of Nueva Ecija. On August 31, 1955, Alfaro failed to appear for his arraignment, prompting the court to order the forfeiture of the bond. The court granted the surety a thirty-day period to produce Alfaro or show cause why judgment should not be rendered against the bond. After the thirty days lapsed without compliance from the surety, the court issued another order on November 12, 1955, declaring that the previous order of forfeiture had become final and executory, thus rendering judgment against the bond.
On November 19, 1955, the surety filed a petition for reconsideration, arguing that it should not be held liable for Alfaro's non-appearance because he had died prior to the arraignment, as evidenced by the registry of deaths from the municipality of Gapan. The surety also noted that the criminal case had been dismissed after the forfeiture order. The court denied this petition, stating that the order of forfeiture had already become final, although it reduced the forfeited amount from P15,000 to P1,000. A second motion for reconsideration was also denied. Instead of appealing the decision, the surety filed a ...