Case Digest (G.R. No. 9635)
Case Digest (G.R. No. 9635)
Facts:
The United States v. A. A. Addison and Pastor M. Gomez, G.R. No. 9635, August 26, 1914, the Supreme Court, Moreland, J., writing for the Court.The United States, through the prosecuting attorney of Ilocos Sur, filed a complaint on June 10, 1912 in the Justice's Court of Vigan charging Walter Schultz with malversation of public funds under Act No. 1740. To secure Schultz's release pending trial, A. A. Addison and Pastor M. Gomez executed a bail bond for P2,000 obligating themselves to produce Schultz for trial or pay the penalty.
Schultz renounced his right to a preliminary investigation before the justice of the peace, and because the justice's court lacked jurisdiction the case was transmitted to the Court of First Instance (CFI) for further proceedings. The sureties repeatedly petitioned the CFI to issue an order authorizing their arrest of Schultz (or his arrest by police) so that they could surrender him and be exonerated; those petitions were denied on October 8 and November 30, 1912. On December 10, 1912 the CFI ordered the clerk to issue a certified copy of the bail bond with an authorization permitting the sureties to arrest their principal or require his arrest by any policeman or peace officer, but the court refused to relieve the sureties from their obligation.
On March 31, 1913 the prosecutor moved that the sureties be ordered to present Schultz for the April 10, 1913 trial; service on the sureties was made April 7 but the accused could not be found. At the April 10 call of the case the CFI declared the bond forfeited and gave the sureties thirty days to present the body of Schultz or show cause. The sureties answered on May 5, 1913, claiming they lacked time to reach Vigan after notice and reiterated that the court had refused earlier to issue the arrest order. The prosecutor moved for judgment on July 28, hearings were postponed and ultimately set for December 26, 1913; when neither the sureties nor the accused appeared the CFI entered judgment absolving the sureties from liability under the bond.
The United States appealed the CFI judgment to the Supreme Court. The Supreme Court reviewed the record and issued the decision now summarized.
Issues:
- Did the Court of First Instance err in absolving A. A. Addison and Pastor M. Gomez from liability on the bail bond when they failed to surrender their principal as required by law?
- Did the CFI's prior refusal to issue an order of arrest, and its later conduct, constitute such error as to relieve the sureties from responsibility?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)