Case Summary (G.R. No. 260374)
Events Leading to the Confiscation of Bond
On October 15, 1956, Alto Surety & Insurance Co., Inc. issued a bail bond for the accused, contingent upon the accused’s appearance in court when required. On November 27, 1956, the accused failed to appear for the hearing despite receiving due notice. Consequently, the court ordered the confiscation of the bond and provided the bondsman a thirty-day period to produce the accused and to show cause against the judgment on the bond.
Motion to Lift Confiscation Order
On December 7, 1956, Alto Surety filed a motion requesting to lift the order of confiscation. In support of their motion, Alto Surety argued that the accused’s failure to appear was due to his mother’s severe illness, which necessitated her hospitalization. Meanwhile, the case against the accused was dismissed upon the motion of special counsel Ferrer.
Trial Court's Decision on the Motion
The court issued an order on December 13, 1956, denying the motion to lift the confiscation but reduced the liability of the bondsman to 20% of the original bond amount. The court cited the bondsman’s failure to demonstrate due diligence in locating the accused on the trial date as a basis for denying the motion to lift the confiscation.
Claims of the Bondsman
The bondsman contended that the trial court abused its discretion by not accepting their explanation regarding the accused’s absence as satisfactory. The bondsman maintained that their notification to the accused prior to the hearing should have sufficed, and that requiring them to know the whereabouts of the accused at all times was an unreasonable obligation.
Court's Rationale
The court ruled that mere notification was insufficient to fulfill the bondsman's obligations under Section 17, Rule 110, which requires a bondsman to actively ensure the accused's presence when required. The court emphasized the bondsman's duty to exert diligent efforts to en
...continue readingCase Syllabus (G.R. No. 260374)
Case Background
- The case involves the Alto Surety & Insurance Co., Inc., which posted a P2,000 bail bond on October 15, 1956, for the provisional release of the accused, Pedro Gonzales, in Criminal Case No. 4470.
- The bail bond was conditioned upon the requirement that the bondsman would be liable should the accused fail to appear in court when summoned.
Factual Developments
- On November 27, 1956, the scheduled date for the hearing, the accused did not appear, despite the bondsman being duly notified.
- As a result of the accused's absence, the court ordered the confiscation of the bail bond and provided the bondsman with a 30-day period to produce the accused and explain the failure to appear.
Bondsman's Response
- On December 7, 1956, the bondsman filed a motion to lift the order of confiscation, citing that the accused was unable to appear due to his mother's serious illness, which required her hospitalization at San Lazaro Hospital.
- Concurrently, the case against the accused was dismissed upon a motion from special counsel Ferrer.