Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1982 > August 1982 Decisions > G.R. No. L-42447 August 30, 1982 - PIONEER INSURANCE AND SURETY CORPORATION v. SERAFIN E. CAMILON

201 Phil. 658:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-42447. August 30, 1982.]

PIONEER INSURANCE AND SURETY CORPORATION, Petitioner, v. HON. SERAFIN E. CAMILON, in his capacity as Judge of the Court of First Instance of Rizal, Branch VIII; THE CITY SHERIFF OF MANILA; and STEEL DISTRIBUTORS, INC., Respondents.

Jose T.M. Mayo for Petitioner.

Eugenio T. Estavillo for Respondents.

SYNOPSIS


Respondent judge rendered a judgment in a civil case, holding defendants therein and petitioner surety company jointly and severally liable to pay plaintiff Steel Distributors, Inc. a sum of money. The Court of Appeals affirmed the judgment except as to the liability of one of the defendants which it held to be only subsidiary. Upon motion of the judgment creditors, the respondent judge ordered the issuance of a writ of execution against one of the defendants and the petitioner herein. A motion to quash the said writ, on the ground of non-inclusion of the other defendants was denied. Hence this appeal from the denial of the motion to quash.

The Supreme Court AFFIRMED the order denying the motion to quash on the ground that the rule on excussion claimed by the petitioner is not applicable in the case, as there is already a final and executory judgment sentencing the bondsman as joint and solidarily liable. The Court resolved to DISMISS the petition without prejudice to petitioner recovering from its co-judgment debtor whatever it has to pay under the writ of execution herein questioned.


SYLLABUS


REMEDIAL LAW; CIVIL PROCEDURES; JUDGMENTS; LIABILITY OF BONDSMAN;; RULE ON EXCUSSION NOT APPLICABLE WHERE BONDSMAN SENTENCED TO PAY SOLIDARILY WITH PRINCIPAL. — The Court being of the view that the rule of excussion under Section 17 of Rule 57, which petitioner invokes, considering it was only the bondsman to secure the lifting of the writ of preliminary attachment, is not applicable in the instant case where there is already a final and executory judgment sentencing the bondsman as joint and solidarily liable.


R E S O L U T I O N


BARREDO, J.:


It appearing from the allegations of the petition and the comment of respondents, that, as reiterated in their respective memoranda, (1) in Civil Case No. 9205 of the Court of First Instance of Rizal, entitled Steel Distributors, Inc. v. Co Ban Ling & Sons, Et. Al. a judgment was rendered on August 24, 1968, worded as follows:jgc:chanrobles.com.ph

"WHEREFORE, judgment is hereby rendered ordering the defendants Co Ban Ling and Sons, Co Chin Leng and the Pioneer Insurance and Surety Corporation, to pay, jointly and severally, the plaintiff, Steel Distributors, Inc. the sum of P35,760.00 with interest of 12% per annum from March 31, 1966, the date of the filing of the complaint, until fully paid, the further sum of P3,000.00 as attorney’s fees, and the costs of this suit.

"In the event that the properties of the defendants Co Ban Ling and Sons, Co Chin Leng and the Pioneer Insurance and Surety Corporation are not sufficient to satisfy the judgment, defendant Co Chin Tong and Macario Co Ling are hereby ordered to pay, jointly with the other partners, the balance of the obligation to the plaintiff.

"The counterclaim filed by the defendants is hereby dismissed." (Pp. 14-15, Record.)

and upon appeal to the Court of Appeals, the appellate court decided thus:jgc:chanrobles.com.ph

"WHEREFORE, except with the modification that the liability of appellant Co Chin Leng in the questioned transaction at bar is only joint, or pro rata and subsidiary, the decision under review is hereby affirmed in all other respects, at appellants Costs." (Page 23, Record.)

(2) upon motion of the judgment creditors, the respondent judge ordered the issuance of a writ of execution wherein petitioner herein was included as object also thereof; (3) a motion to quash the said writ of execution insofar as petitioner is concerned was denied by respondent judge this wise:jgc:chanrobles.com.ph

"There is no merit in the Motion to Quash Writ of Execution filed by Pioneer Insurance and Surety Corporation since under the decision affirmed by the Court of Appeals its liability was adjudged to be jointly and severally with defendant Co Ban Ling & Sons Co.

"On the other hand, non-inclusion of the other defendants in the writ is of no consequence at this stage since their liability is not primary but will accrue only in the event the judgment cannot be satisfied by defendant partnership and Pioneer Insurance and Surety Corporation.

"In view thereof, the Motion to Quash is denied.

"SO ORDERED." (Page 31, Record.)

and, the Court being of the view that the rule of excussion claimed by petitioner under Section 17 of Rule 17, which petitioner invokes considering it was only the bondsman to secure the lifting of the writ of preliminary attachment, is not applicable in the instant case where there is already a final and executory judgment sentencing the bondsman as joint and solidarily liable, as in the case of Luzon Steel Corporation v. Sia, 28 SCRA, 58-63, the Court resolved to DISMISS the petition, without prejudice to petitioner recovering from its co-judgment debtor whatever it has to pay under the writ of execution herein questioned. The restraining order issued by this Court on January 22, 1976 is hereby lifted effective immediately.

Barredo, (Chairman), Concepcion, Jr., Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.

Separate Opinions


AQUINO, J., dissenting:chanrob1es virtual 1aw library

I dissent because the petitioner was not served with copies of the decisions of the trial court and the Court of Appeals and of the motion for execution. It came to know of its solidarily liability only when the sheriff wanted to enforce the writ of execution against it.

It contends that its liability under its counterbond was fixed at P35,760 but under the judgment it is liable to pay 12% interest and attorney’s fees. The amount sought to be enforced against it in 1976 already exceeded P80,000.

The petitioner is entitled to a summary hearing on the amount of its liability, as contemplated in section 17, Rule 57 of the Rules of Court (Towers Assurance Corporation v. Ororarama Supermart, L-45848, November 9, 1977, 80 SCRA 262). The hearing on its motion to quash the writ of execution was not a sufficient hearing.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






August-1982 Jurisprudence                 

  • A.M. No. 921-MJ August 19, 1982 - ANTONIO C. LUCERO v. CARLOS B. SALAZAR

    201 Phil. 396

  • A.M. No. P-1518 August 19, 1982 - EROTIDO O. DOMINGO v. ROMEO R. QUIMSON

  • A.M. No. 2247-MJ August 19, 1982 - PEDRO G. VALENTIN v. MARIANO P. GONZALES

    201 Phil. 401

  • A.M. No. 2385-MJ August 19, 1982 - JONATHAN A. LUZURIAGA v. JESUS B. BROMO

    201 Phil. 408

  • G.R. No. L-34081 August 19, 1982 - PHIL. SUGAR INSTITUTE v. ASSOC. OF PHILSUGIN EMPLOYEES

    201 Phil. 416

  • G.R. No. L-35440 August 19, 1982 - RUFINO GERALDE v. ANDRES Y. SABIDO

    201 Phil. 418

  • G.R. No. L-38352 August 19, 1982 - ADELA J. CAÑOS v. E.L. PERALTA

    201 Phil. 422

  • G.R. No. L-46499 August 19, 1982 - TRADE UNIONS OF THE PHIL. AND ALLIED SERVICES v. AMADO G. INCIONG

    201 Phil. 427

  • G.R. No. L-48057 August 19, 1982 - PEOPLE OF THE PHIL. v. VICTORIO VENEZUELA

    201 Phil. 433

  • G.R. No. L-50402 August 19, 1982 - PHIL. COMMERCIAL AND INDUSTRIAL BANK v. NAT’L. MINES & ALLIED WORKERS UNION

    201 Phil. 441

  • G.R. No. L-51194 August 19, 1982 - CENTRAL AZUCARERA DE LA CARLOTA, INC. v. AMADO G. INCIONG

    201 Phil. 451

  • G.R. No. L-51494 August 19, 1982 - JUDRIC CANNING CORPORATION v. AMADO G. INCIONG

    201 Phil. 456

  • G.R. No. L-52720 August 19, 1982 - UNITED CMC TEXTILE WORKERS UNION v. JACOBO C. CLAVE

    201 Phil. 463

  • G.R. No. L-58287 August 19, 1982 - EDUARDO VILLANUEVA v. LORENZO MOSQUEDA

    201 Phil. 474

  • G.R. No. L-60067 August 19, 1982 - SAN MIGUEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

    201 Phil. 477

  • G.R. No. L-26940 August 21, 1982 - PAULINA SANTOS, ET AL. v. GREGORIA ARANZANSO, ET AL.

    201 Phil. 481

  • G.R. No. L-27130 August 21, 1982 - PAULINA SANTOS DE PARREÑO v. JULIO VILLAMOR, ET AL.

    201 Phil. 487

  • G.R. No. L-30697 August 2, 1982 - GILBERTO M. DUAVIT v. HERMINIO MARIANO

    201 Phil. 488

  • G.R. No. L-35705 August 21, 1982 - PEOPLE OF THE PHIL. v. RICARDO M. UMALI

    201 Phil. 494

  • G.R. No. L-36222 August 21, 1982 - AUGUST O. BERNARTE, ET AL. v. SECRETARY OF NATIONAL DEFENSE, ET AL.

    201 Phil. 513

  • G.R. No. L-39007 August 21, 1982 - PEOPLE OF THE PHIL. v. CAMILO RAMIREZ

    201 Phil. 519

  • G.R. No. L-40621 August 21, 1982 - PEOPLE OF THE PHIL. v. AQUILINO PADUNAN

    201 Phil. 525

  • G.R. No. L-56962 August 21, 1982 - REPUBLIC OF THE PHIL. v. ANDRES B. PLAN

    201 Phil. 541

  • G.R. No. L-58805 August 21, 1982 - ROMULO BOLAÑOS, ET AL. v. RAFAEL DELA CRUZ, ET AL.

    201 Phil. 549

  • G.R. No. L-59493 August 21, 1982 - MANUEL SAN ANDRES v. COURT OF APPEALS, ET AL.

    201 Phil. 552

  • G.R. No. L-59823 August 21, 1982 - GETZ CORPORATION PHILS., INC., ET AL. v. COURT OF APPEALS, ET AL.

    201 Phil. 558

  • G.R. No. L-38753 August 25, 1982 - RAFAEL S. MERCADO v. COURT OF FIRST INSTANCE OF RIZAL, BRANCH V, ET AL.

    201 Phil. 565

  • G.R. No. L-44031 August 26, 1982 - SONIA VILLONES v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    201 Phil. 574

  • G.R. No. L-47099 August 26, 1982 - IGNACIO DELOS ANGELES v. GOVERNMENT SERVICE INSURANCE SYSTEM, ET AL.

    201 Phil. 581

  • G.R. No. L-59582 August 26, 1982 - JESUS M. PAMAN v. RODRIGO DIAZ, ET AL.

    201 Phil. 597

  • A.M. No. 78-MJ August 30, 1982 - BUENAVENTURA B. MARTINEZ v. TEODORO O. PAHIMULIN

    201 Phil. 602

  • A.M. No. P-1722 August 30, 1982 - BENIGNO CABALLERO v. WALTER VILLANUEVA

    201 Phil. 606

  • G.R. No. L-25933 August 30, 1982 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY v. FREE TELEPHONE WORKERS UNION, ET AL.

    201 Phil. 611

  • G.R. No. L-27657 August 30, 1982 - PAULINA SANTOS DE PARREÑ0 v. GREGORIA ARANZANSO

    201 Phil. 623

  • G.R. No. L-29268 August 30, 1982 - PEOPLE OF THE PHIL. v. CESARIO C. GOLEZ, ET AL.

    201 Phil. 632

  • G.R. No. L-33515 August 30, 1982 - J. M. TUASON & CO., INC. v. RAYMUND FAMILARA

    201 Phil. 635

  • G.R. No. L-37686 August 30, 1982 - PEOPLE OF THE PHIL. v. BENJAMIN L. ARCENAL

    201 Phil. 640

  • G.R. No. L-39298 August 30, 1982 - SULPICIO G. PAREDES v. COMMISSION ON AUDIT, ET AL.

    201 Phil. 644

  • G.R. No. L-41700 August 30, 1982 - PEOPLE OF THE PHIL. v. RICARTE SIBAYAN

    201 Phil. 648

  • G.R. No. L-42447 August 30, 1982 - PIONEER INSURANCE AND SURETY CORPORATION v. SERAFIN E. CAMILON

    201 Phil. 658

  • G.R. No. L-42660 August 30, 1982 - PEOPLE OF THE PHIL. v. ARSENIO OLMEDILLO

    201 Phil. 661

  • G.R. No. L-43427 August 30, 1982 - FELIPE N. CRISOSTOMO v. COURT OF APPEALS, ET AL.

    201 Phil. 666

  • G.R. No. L-45472 August 30, 1982 - HEIRS OF SATURNINA AKUT v. COURT OF APPEALS, ET AL.

    201 Phil. 680

  • G.R. No. L-46762 August 30, 1982 - PHILIPPINE AIRLINES SUPERVISORS’ ASSOCIATION v. AMADO GAT INCIONG, ET AL.

    201 Phil. 689

  • G.R. No. L-48975 August 30, 1982 - RAFAEL B. MAGPANTAY v. COURT OF APPEALS, ET AL.

    201 Phil. 702

  • G.R. No. L-54068 and 54142 August 30, 1982 - ST. LUKE’S HOSPITAL, INC. v. MINISTER OF LABOR, ET AL.

    201 Phil. 706

  • G.R. No. L-54094 August 30, 1982 - ALABANG DEVELOPMENT CORPORATION, ET AL. v. MANUEL E. VALENZUELA, ET AL.

    201 Phil. 727

  • G.R. No. L-54760 August 30, 1982 - MICAELA C. AGGABAO v. LETICIA U. GAMBOA, ET AL.

  • G.R. No. L-55801 August 30, 1982 - LEONARDO MAGAT v. COURT OF APPEALS, ET AL.

  • G.R. No. L-56973 August 30, 1982 - PEOPLE OF THE PHIL. v. SABENIANO LOBETANIA

    201 Phil. 762

  • G.R. No. L-56995 August 30, 1982 - RAYMUNDO R. LIBRODO v. JOSE L. COSCOLLUELA, JR.

  • G.R. No. L-59548 August 30, 1982 - DAVAO LIGHT & POWER CO., INC. v. PACITA CAÑIZARES-NYE

    201 Phil. 777

  • G.R. No. L-59821 August 30, 1982 - ROWENA F. CORONA v. COURT OF APPEALS, ET AL.

    201 Phil. 782

  • G.R. No. L-60342 August 30, 1982 - FRANCISCO S. BANAAD v. COURT OF APPEALS, ET AL.

    201 Phil. 788

  • G.R. No. L-28237 August 31, 1982 - BAY VIEW HOTEL, INC. v. KER & CO., LTD., ET AL.

    201 Phil. 794

  • G.R. No. L-29971 August 31, 1982 - ESSO STANDARD EASTERN, INC. v. COURT OF APPEALS, ET AL.

    201 Phil. 803

  • G.R. No. L-32437 August 31, 1982 - SALANDANG PANGADIL, ET AL. v. COURT OF FIRST INSTANCE OF COTABATO, BRANCH I, ET AL.

    201 Phil. 813

  • G.R. No. L-36759 August 31, 1982 - PEOPLE OF THE PHIL. v. NECESIO IMBO

    201 Phil. 821

  • G.R. No. L-37935 August 31, 1982 - PEOPLE OF THE PHIL. v. CLEMENTE GANADO

    201 Phil. 828

  • G.R. No. L-38687 August 31, 1982 - PEOPLE OF THE PHIL. v. FILOMENO HISUGAN

    201 Phil. 836

  • G.R. No. L-39777 August 31, 1982 - PEOPLE OF THE PHIL. v. FELIX ATIENZA

    201 Phil. 844

  • G.R. No. L-44707 August 31, 1982 - HICKOK MANUFACTURING CO., INC. v. COURT OF APPEALS, ET AL.

    201 Phil. 853

  • G.R. No. L-59887 August 31, 1982 - CHINA BANKING CORPORATION v. COURT OF APPEALS, ET AL.

    201 Phil. 857

  • G.R. No. L-60687 August 31, 1982 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY v. MINERVA C. GENOVEA

    201 Phil. 862

  • G.R. No. L-60800 August 31, 1982 - JAIME PELEJO v. COURT OF APPEALS, ET AL.

    201 Phil. 873

  • G.R. No. L-60987 August 31, 1982 - SAMUEL BAUTISTA v. NATIONAL TELECOMMUNICATIONS COMMISSION, ET AL.

    201 Phil. 879