Title
Philippine Surety and Insurance Co., Inc. vs. Jacala
Case
G.R. No. L-12766
Decision Date
May 25, 1960
Surety challenges CIR's jurisdiction, laborers' claims upheld; Government's priority claim rejected; certiorari denied due to failure to appeal.
A

Case Summary (G.R. No. L-14174)

Applicable Law and Legal Proceedings

The significant piece of legislation applicable to this case is Act No. 3688, which governs the issuance and enforcement of performance bonds in public construction contracts. The petitioner executed two performance bonds to guarantee the obligations of its client, the International Construction and Engineering Company, Inc. The laborers filed a claim against the contractor and the surety for unpaid wages, culminating in the Industrial Relations Court ruling in favor of the laborers, mandating the surety to pay the claimed amounts.

Decision of the Court of Industrial Relations

On February 16, 1954, the Court of Industrial Relations issued a decision obliging both the International Construction and Engineering Company, Inc. and the Philippine Surety and Insurance Company, Inc. to jointly and severally pay the laborers for unpaid wages and separation pay. The decision later became final and executory since no appeal was initiated by the surety.

Issuance of Alias Writ of Execution

Subsequently, on August 26, 1957, the laborers moved for the execution of the court's decision, prompting the issuance of an alias writ of execution. The respondent Sheriff of Manila acted on this writ by attempting to levy the properties of the surety to recover the amount owed under the Court's decision.

Petition for Certiorari

In response to the impending sale of secured properties, the petitioner filed a special civil action for a writ of certiorari claiming that the decision of the Court of Industrial Relations was null and void for several reasons, including lack of jurisdiction. The petitioner argued that actions upon performance bonds should only be initiated by the government or laborers who supplied labor or materials, and only after the complete performance of the contracts.

Jurisdiction and Venue Issues

The Supreme Court determined that the question regarding the appropriateness of the Industrial Relations Court's jurisdiction was not valid since the decision rendered was based on the Court's authority to adjudicate the case. The argument raised regarding the venue of the lawsuit was deemed procedural and not jurisdictional; thus, by failing to appeal, the petitioner effectively waived this argument.

Denial of Certiorari

The Court subsequently dismissed the petition for certiorari, stating that certiorari may only be sought when there are no other remedies available. As t

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