Case Summary (G.R. No. 47804)

Surety's Obligation and Good Faith

• The execution of a bond by a surety, which includes a transfer certificate of title, guarantees the surety's obligation.
• The bond's approval is contingent upon the surety's ownership of the property described in the title.
• Good faith requires the surety not to dispose of the property before the bond's cancellation without court permission.
• Disposing of the property without permission undermines the penal sanctions intended by the law.

Essential Element of Damage in Estafa

• Damage is a critical element in establishing the crime of estafa.
• The petitioner, Juan Castillo, was convicted of estafa under Article 316, paragraph 6, of the Revised Penal Code.
• The conviction was based on Castillo's sale of property that was not specifically pledged in the bond.
• The Court of Appeals affirmed the conviction, leading to the examination of whether actual damage occurred.

Examination of the Petitioner’s Contentions

• The petitioner argued that the property sold was not specifically pledged, thus he should not be convicted under the relevant provision.
• The court found this argument unmeritorious, as the petitioner’s act of exhibiting the title effectively guaranteed his obligation.
• The court emphasized that good faith requires the surety to maintain the property until the bond is canceled.

Lack of Actual Damage

• The judgment did not establish that the sale resulted in actual damage to the estate of the deceased.
• Any potential damage was deemed speculative, as the petitioner might have other properties to satisfy obligations.
• The presence of another surety could mitigate any potential damage to the estate.
• The court reiterated that damage is a necessary ...continue reading