Case Summary (G.R. No. 17573)
Procedural Background
The proceedings began when Jose Byron Santos was accused and subsequently convicted of practicing medicine without a license. In accordance with Section 67 of General Orders No. 58, Mayuga and San Agustin posted an appearance bond for Santos, ensuring that he would appear before the court. A scheduled hearing on July 8, 1920, did not see the attendance of either Santos or his sureties, leading to forfeiture of the bond following a motion by the fiscal on October 16, 1920.
Order of Bond Forfeiture
Following the bond forfeiture, the judge mandated that the sureties provide a justification for the absence of the principal, Santos, within thirty days. In response, the sureties filed an affidavit claiming that Santos was ill on the hearing date. However, the presiding judge, Judge A. Horrilleno, deemed the affidavit insufficient and required the bondsmen to appear in court personally.
Notice and Personal Appearance Requirement
The requirement for a personal appearance was problematic as the sureties were residents of Parañaque, Rizal, and could face significant hardship traveling to Zamboanga. Moreover, although a copy of the judge's order was served on Vicente Bautista, the attorney for Santos, the court did not provide personal notice to the sureties themselves.
Judge’s Ruling and Subsequent Actions
On January 10, 1921, after the sureties failed to appear, Judge Quirico Abeto ordered the issuance of execution against them. The petitioners subsequently contested this decision, noting that Santos reappeared in court on January 26, 1921, pled guilty, and paid the imposed fine.
Legal Analysis of Execution Issuance
The court determined that the execution against the bondsmen was issued irregularly and exceeded the court's authority. The earlier order issued by Judge Horrilleno, which demanded personal attendance of the bondsmen, did not fulfill the requisite legal standards because proper notic
...continue readingCase Syllabus (G.R. No. 17573)
Case Overview
- This case involves an original petition for a writ of certiorari filed by Estanislao Mayuga and Simeon San Agustin against Quirico Abeto, an Auxiliary Judge of the Court of First Instance of Zamboanga.
- The petition aims to quash an execution ordered by the respondent judge against the petitioners, who acted as sureties for one Jose Byron Santos, convicted of practicing medicine without a license.
Background of Proceedings
- Jose Byron Santos was charged and convicted for practicing medicine without a license, with Mayuga and San Agustin serving as sureties for his appearance in court.
- The court scheduled a hearing for July 8, 1920, but neither the accused nor his sureties appeared.
- Following the non-appearance, the presiding judge declared the bond forfeited on October 16, 1920, and set a 30-day period for the sureties to either produce Santos or explain his absence.
Sureties' Response and Subsequent Developments
- On November 2, 1920, the sureties submitted an affidavit claiming Santos was ill and could not attend the hearing.
- However, on December 4, 1920, Judge A. Horrilleno deemed the affidavit insufficien