Title
Jao vs. Royal Ficing Corp.
Case
G.R. No. L-16716
Decision Date
Apr 28, 1962
Plaintiffs sought to nullify a promissory note and chattel mortgage, secured an injunction bond to halt auction. Case dismissed; court erred in enforcing bond for mortgage claim, as bond only covered injunction damages. Supreme Court reversed, citing procedural lapses.
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Case Summary (G.R. No. L-16716)

Suretyship and Preliminary Injunction

  • A bond issued specifically to secure a preliminary injunction cannot be executed to satisfy a defendant's mortgage claim.
  • The bond's purpose is limited to covering damages incurred by the defendant due to the injunction if it is later deemed wrongfully issued.
  • Legal principles dictate that guarantees cannot extend beyond their explicit terms (Art. 2055, new Civil Code).

Requisites for Surety Liability

  • For a surety to be liable for damages under a bond related to attachment, injunction, or similar actions, specific conditions must be met:
    • The application for damages must be filed in the same case where the bond was issued.
    • The application must be submitted before the final judgment is entered.
    • A hearing must be conducted with notice given to the surety.

Relief from Liability for Surety

  • If the prevailing party does not file an application for damages against the bond before the final judgment, the surety is relieved of any further liability.
  • This principle is supported by case law, which emphasizes the importance of timely applications for damages.

Requirement for Competent Evidence

  • Claims against a bond for damages must be substantiated by competent evidence to ensure they are legitimate and not fabricated.
  • The absence of a proper hearing to assess the validity of the damages claim undermines the court's ability to hold the surety liable.

Factual Background of the Case

  • Plaintiffs Pedro R. Jao and Catalina Sia executed a promissory note secured by a chattel mortgage in favor of Royal Financing Corporation.
  • Following an extrajudicial foreclosure, the plaintiffs sought a preliminary injunction to prevent the sale of their mortgaged properties, posting a bond for this purpose.
  • The trial court granted the injunction, but the defendants later moved for judgment against the surety's bond after the properties were reported missing.

Trial Court's Orders and Surety's Appeal

  • The trial court ordered the execution of the bond to satisfy the defendant's mortgage claim, which the surety contested as erroneous.
  • The surety argued that the bond was not intended to secure the mortgage credit and that the execution of the bond was premature.

Legal Analysis of the Bond's Purpose

  • The bond was explicitly intended to secure the defendants against damages resulting from the injunction, not to serve as collateral for the mortgage.
  • The court found that the bond's terms did not support the execution for mortgage claims, reinforcing the principle that guarantees cannot extend beyond their stated purpose.

Compliance with Procedural Requirements

  • The court highl...continue reading

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