Question & AnswerQ&A (Commonwealth Act No. 225)
The main purpose of Commonwealth Act No. 225 is to remit the bond of four thousand eight hundred and sixty-seven pesos and ninety-nine centavos furnished by the Luzon Surety Company, Incorporated, in behalf of Eugenio Uy Tuising, which was previously declared confiscated by the Court of First Instance of Cebu.
The bond was furnished by the Luzon Surety Company, Incorporated, in behalf of Eugenio Uy Tuising.
The bond was declared confiscated because Eugenio Uy Tuising failed to appear in court at the time of the reading of the sentences against him.
Eugenio Uy Tuising could not be produced in court because he died on January 27, 1932, and this fact became known only after the bond had been confiscated by the court.
The bond was remitted on the grounds that the court's order declaring confiscation was based on a mere technicality and justice and circumstances demand the remission.
An amount of four thousand eight hundred and sixty-seven pesos and ninety-nine centavos was appropriated out of the funds in the Philippine Treasury.
The Act took effect upon its approval on November 30, 1936.
No, this Act was enacted without Executive approval.
The criminal case numbers involved are Nos. 13209, 13259, and 14107.
The legal principle is that bond confiscation orders may be remitted if the defendant's failure to appear is due to death and such fact was unknown to the surety at the time of confiscation, highlighting the importance of justice over mere technicalities.