Title
Warner Barnes and Co., Ltd. vs. Luzon Surety Co., Inc.
Case
G.R. No. L-6637
Decision Date
Sep 30, 1954
The Court ordered Luzon Surety Co., Inc. to pay Warner Barnes & Co., Ltd. P6,000 for failing to uphold its surety obligations in an estate bond.
Font Size

Case Digest (G.R. No. L-6637)

Facts:

  • On September 17, 1952, Warner, Barnes & Co., Ltd. (plaintiff) filed a case against Luzon Surety Co., Inc. (defendant) in the Court of First Instance of Negros Occidental.
  • The plaintiff sought to recover P6,000, plus costs and P1,500 for attorney's fees, based on a surety bond of P6,000 filed by Agueda Gonzaga, administratrix of the Intestate Estate of Agueda Gonzaga, on January 6, 1951.
  • The bond's condition stated it would be void if the administratrix failed to perform specific duties, including preparing an inventory of the estate's assets and paying debts.
  • The plaintiff claimed an approved debt against the estate of P6,485.02, alleging the administratrix breached her obligations by not filing an inventory or paying the claim.
  • The defendant was accused of failing to pay despite demands and raised defenses including lack of jurisdiction and that the administratrix was not authorized to pay the claim.
  • The plaintiff's motion for summary judgment was granted on January 17, 1953, ordering the defendant to pay P6,000, P900 for attorney's fees, and costs.
  • The defendant appealed the judgment.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that the lower court had jurisdiction to determine the defendant's liability under the bond.
  • The Court found no genuine issues of material fact that required a trial, thus affirming the summary judgment.
  • The Court held that the bond was enforceable directly by the plaintiff, despite being nominally payable to the Republic of the Philippines.
  • The Court concluded that the plaintiff was not required to file a claim against the estate of the deceased administ...(Unlock)

Ratio:

  • The Supreme Court reasoned that the lower court's jurisdiction to adjudicate the surety's liability was valid, allowing the bond's enforcement in an ordinary civil action.
  • The Court emphasized that the plaintiff's allegations regarding the administratrix's non-compliance were factual and uncontr...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.