Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > June 1965 Decisions > G.R. No. L-17644 June 22, 1965 - PEOPLE OF THE PHIL. v. LAMBERTO Y. GUEVARRA, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-17644. June 22, 1965.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff, v. LAMBERTO GUEVARRA Y YCO, ET AL., Accused; THE RURAL INSURANCE & SURETY CO., INC., bondsman-appellant.

Solicitor General for plaintiff.

Guanlao, Palma & Aquino for bondsman-appellant.


SYLLABUS


1. BAIL BOND; FORFEITURE ORDER; DISCRETION OF COURT TO REDUCE SHOULD BE EXERCISED WITH LIBERALITY. — This discretion of the court to set aside the forfeiture order or to reduce the amount should be exercised with a view to liberality.

2. ID.; ID.; AMOUNT OF FORFEITURE REDUCED WHERE SURETY NOT GIVEN USUAL 30-DAY PERIOD TO PRODUCE ACCUSED. — Where the surety would have produced the accused had it been given the usual 30-day period to produce the accused but it was not so granted, it is held that reducing the amount of forfeiture from P15,000 to P3,000 would satisfy public interest.


D E C I S I O N


BENGZON, J.:


Forfeiture of a bail bond. Appeal of the surety.

When in 1959 Lamberto Guevarra resorted to the Court of Appeals for reversal of his conviction of estafa, he posted a bond for provisional release in the amount of P15,000.00. Subscribed by the Rural Insurance & Surety Co., Inc., it undertook that, if convicted, the accused will appear for judgment and surrender himself for execution thereof.

In due course, the appellate court affirmed the verdict of conviction; and the record having been remanded to the Manila Court of First Instance, the surety received on August 3, 1959, a notice whereby said court directed the surety to produce Lamberto Guevarra on August 7, 1959, at 7:30 a.m. for promulgation of the judgment.

But the accused failed to appear at the time indicated. Wherefore, the presiding judge, on the same day decreed the arrest of Guevarra and the confiscation of the bail bond.

Notified of the decree, the surety exerted efforts to arrest the accused through its agents; and on September 4, 1959, it actually surrendered him to the police department. And filing a petition for relief on September 5, 1959, it alleged:jgc:chanrobles.com.ph

"That your herein movant on August 11, 1959, received the aforementioned order of confiscation of the bond and the arrest of the accused and immediately instructed its agents-arresting-officers to locate the whereabouts of the accused with a view of producing his person before this Honorable Court at an early date;

"That the agents of your movant in this search for the accused GUEVARRA went to No. 106 Santolan Road, Quezon City, the given address of the accused is nowhere to be found, but movant’s men exerted diligent efforts in locating the whereabouts of the accused and gathered information that the accused was in hiding in Pasig, Rizal;

"That the agents of this company in their continuous search and after spending considerable amount of money by hiring informants finally arrested the accused in Bo. Pinagbuhatan, Pasig, Rizal, and turned his person over to the Manila Police Department for confinement es evidenced by a certification hereto attached marked as Annex "A" thereby forming part of this motion;

"That for this acts of the accused, your herein movant lost confidence on his person and is now surrendering him by virtue of the Annex "A" certificate and within the jurisdiction of this Honorable Court;

"That your herein movant is aware of the inherent discretionary power of the Court in determining the liability of bondsman in criminal cases, provided the body of the accused has been produced, and thru this discretion your herein movant now seeks the kind and generous consideration of this Honorable Court in lifting the order of confiscation of the bond and in ordering the same bond cancelled relieving movant from liability."cralaw virtua1aw library

On September 12, 1959, the court denied the petition in a short "without-merit" order. A more extended motion to reconsider having been denied, the surety appealed to the Court of Appeals, which forwarded the matter to this Tribunal for adjudication.

The Solicitor-General entertains some doubt concerning the propriety of the appeal because no money-judgment against the surety has — so far — been rendered in accordance with the usual procedure. However, his office in effect agrees that the orders may be considered forfeitures of the bond and judgment against the surety, for payment. And his office seemingly does not oppose a reduction of the amount of forfeiture — which is precisely one of the alternate objectives of the surety’s appeal.

Overlooking the question of procedure 1 and going into the merits, we received the impression that the court below dealt rather strictly with the surety company. No doubt, it had the power to set aside the forfeiture order or to reduce the amount. It had discretion to do so. (People v. Tan, 54 Off. Gaz., 989). And such discretion should have been exercised with a view of liberality, considering that it is for the best interest of the State to mitigate, in similar circumstances, the liability of the sureties not only to make it worth their while to aid in locating and apprehending the defendant, but also to hold down premiums and to make bail less difficult or expensive for detention prisoners. (People v. Puyal, 98 Phil., 415; 52 Off. Gaz., 6886; People v. Tan, supra.).

Having examined all the circumstances, 2 and realizing that had the surety been given, as usual, a thirty-day period to produce the accused, it would have produced him, we hold that reducing the forfeiture to the amount of three thousand pesos (P3,000.00) would satisfy public interest in the instance. 3

Judgment against the Rural Insurance & Surety Co., Inc., for that amount, which shall be paid within sixty days after this decision shall have become final. No costs.

Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala, Makalintal, Bengzon, J.P. and Zaldivar, JJ., concur.

Bautista Angelo, J., took no part.

Barrera, J., is on leave.

Endnotes:



1. Their motion to lift and motion for reconsideration may amount to a hearing. Substantial compliance with Section 15, Rule 114.

2. Specially that surety’s own agents arrested the convict.

3. Bond of P5,000 forfeited; upon surrender of accused, forfeiture reduced to P500.00 (People v. Daisin, 54 Off. Gaz., 1824); bonds of P10,000 and P4,000 reduced to P2,000 and P800.00 respectively. (People v. Phil. International Surety, L-12660, Feb. 19, 1959, and People v. Associated Insurance, L-9497, July 31, 1956).




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





June-1965 Jurisprudence                 

  • G.R. No. L-17647 June 16, 1965 - HERMINIA GODUCO v. COURT OF APPEALS, ET AL

  • G.R. No. L-19201 June 16, 1965 - REV. FR. CASIMIRO LLADOC v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. L-17214 June 21, 1965 - PEOPLE OF THE PHIL. v. CIRIACO ALIPIS, ET AL.

  • G.R. No. L-19836 June 21, 1965 - GO A. LENG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16999 June 22, 1965 - IN RE: CHENG KIAT GIAM v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19111 June 22, 1965 - IN RE: CHIU BOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20379 June 22, 1965 - IN RE: JOSE BERMAS, SR., ET AL

  • G.R. No. L-20489 June 22, 1965 - BOMBAY DEPT. STORE v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-20716 June 22, 1965 - AGUSTIN DE AUSTRIA, ET AL v. HON. AGAPITO CONCHU

  • G.R. Nos. L-20847-9 June 22, 1965 - SERREE INVESTMENT CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-17189 June 22, 1965 - ANDRES CASTILLO v. JUAN RODRIGUEZ, ET AL

  • G.R. No. L-17644 June 22, 1965 - PEOPLE OF THE PHIL. v. LAMBERTO Y. GUEVARRA, ET AL.

  • G.R. No. L-17650 June 22, 1965 - KAPISANAN NG MGA MANGGAGAWA SA MANILA RAILROAD CO. v. HON. JESUS DE VEYRA, ET AL

  • G.R. No. L-17913 June 22, 1965 - MANILA RAILROAD CO. v. HON. JOSE M. MOYA, ET AL

  • G.R. No. L-18569 June 22, 1965 - PLACIDO ANTONIO, ET AL. v. PETRONILO JACINTO

  • G.R. No. L-20288 June 22, 1965 - JOSE CASARIA, ET AL v. RICARDO ROSALES, ET AL

  • G.R. No. L-22236 June 22, 1965 - GSIS v. GAUDENCIO CLORIBEL, ET AL

  • G.R. No. L-17323 June 23, 1965 - CLAUDIO GABUTAS v. GUIDO D. CASTELLANES

  • G.R. No. L-19432 June 23, 1965 - COTABATO TIMBERLAND CO. INC. v. PLARIDEL LUMBER CO., INC.

  • G.R. No. L-19913 June 23, 1965 - IN RE: YU TI v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19914 June 23, 1965 - IN RE: TAN SANG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19915 June 23, 1965 - IN RE: TANG KONG KIAT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19916 June 23, 1965 - IN RE: ALEXANDER LIM UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20021 June 23, 1965 - IN RE: SERGIO TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20136 June 23, 1965 - IN RE: JOSE A. SANTOS Y DIAZ v. ANATOLIO BUENCONSEJO, ET AL.

  • G.R. No. L-20431 June 23, 1965 - PEOPLE OF THE PHIL. v. EUGENIO LIBED, ET AL

  • G.R. No. L-20675 June 23, 1965 - BATANGAS TRANSPORTATION CO. v. TEODORO VELANDO, ET AL.

  • G.R. No. L-20843 June 23, 1965 - EDWARD J. NELL CO. v. RICARDO CUBACUB, ET AL

  • G.R. No. L-20987 June 23, 1965 - PHIL. LAND-AIR SEA LABOR UNION, ET AL. v. CEBU PORTLAND CEMENT CO., ET AL.

  • G.R. No. L-21470 June 23, 1965 - CONSUELO VDA. DE PRIETO v. PACIENCIA REYES, ET AL

  • G.R. No. L-21856 June 23, 1965 - BENJAMIN BELISARIO v. MARCELO RAMIREZ

  • G.R. No. L-16636 June 24, 1965 - MLA. SURETY & FIDELITY CO., INC. v. BATH CONSTRUCTlON & CO., ET AL

  • G.R. No. L-19670 June 24, 1965 - PEDRO D. PAMINTUAN v. COURT OF APPEALS

  • G.R. No. L-16641 June 24, 1965 - FE RECIDO, ET AL v. ALFONSO T. REFASO, ET AL

  • G.R. No. L-19897 June 24, 1965 - JOAQUIN TAN v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-20824 & L-22218 June 24, 1965 - BERNARDINO GUERRERO & ASSOCIATES v. FRANCISCO TAN

  • G.R. No. L-19898 June 28, 1965 - IN RE: SEE YEK TEK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20830 June 28, 1965 - HILARIO GANANCIAL, ET AL v. LEONARDO ATILLO

  • G.R. No. L-12351 June 29, 1965 - COMMISSIONER OF CUSTOMS v. FELIX M. ICAMEN

  • G.R. No. L-18659 June 29, 1965 - PEOPLE OF THE PHIL. v. ANTIPAS SAGARIO, ET AL.

  • G.R. No. L-19851 June 29, 1965 - YU BAN CHUAN v. FIELDMEN’S INSURANCE CO., INC., ET AL.

  • G.R. Nos. L-20787-8 June 29, 1965 - J. ANTONIO ARANETA v. ANTONIO PEREZ

  • G.R. No. L-21071 June 29, 1965 - MANILA RAILROAD CO. v. DANIEL PEREZ, ET AL

  • G.R. No. L-24406 June 29, 1965 - MANILA ELECTRIC CO. v. ENRIQUE MEDINA, ET AL

  • G.R. No. L-15938 June 30, 1965 - CARMELINO DADAY, ET AL v. PASTOR L. DE GUZMAN, ET AL

  • G.R. Nos. L-16078-79 June 30, 1965 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL

  • G.R. No. L-16236 June 30, 1965 - IRINEO S. BALTAZAR v. LINGAYEN GULF ELECTRIC POWER CO., INC., ET AL

  • G.R. No. L-16767 June 30, 1965 - IN RE: TAN NGA KOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16829 June 30, 1965 - OLEGARIO BRITO, ET AL v. COMMISSIONER OF IMMIGRATION

  • G.R. No. L-17287 June 30, 1965 - JAIME HERNANDEZ, ET AL v. EPIFANIO T. VILLEGAS, ET AL

  • G.R. No. L-17885 June 30, 1965 - GABRIEL P. PRIETO v. MEDEN ARROYO, ET AL

  • G.R. No. L-18682 June 30, 1965 - NICOLAS DE LOS SANTOS v. COURT OF APPEALS, ET AL

  • G.R. No. L-19157 June 30, 1965 - INDIAN COMMERCIAL CO. v. CENTRAL BANK OF THE PHIL.

  • G.R. No. L-19281 June 30, 1965 - IN RE: PEDRO SATILLON, ET AL v. PERFECTA MIRANDA, ET AL

  • G.R. No. L-19348 June 30, 1965 - IN RE: SEE HO KIAT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19380 June 30, 1965 - PEOPLE OF THE PHIL. v. GASPAR ASILUM, ET AL.

  • G.R. No. L-19636 June 30, 1965 - IN RE: ANTONIO SY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19780 June 30, 1965 - BENGUET CONSOLIDATED, INC. v. CECILIO MONTEMAYOR, ET AL

  • G.R. No. L-19844 June 30, 1965 - IN RE: FRANK YU TIU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20145 June 30, 1965 - IN RE: ONG SO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20208 June 30, 1965 - IN RE: ANTONIO UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20462 June 30, 1965 - CALTEX (PHILIPPINES) INC. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20499 June 30, 1965 - BALANGA POWER PLANT CO. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20503 June 30, 1965 - PHIL. ASSO. OF GOV. RETIREES, INC. v. GSIS, ET AL

  • G.R. No. L-23004 June 30, 1965 - MAKATI STOCK EXCHANGE, INC. v. SECURITIES & EXCHANGE COMMISSION, ET AL

  • G.R. No. L-23244 June 30, 1965 - CHAMBER OF AGRI. & NATURAL RESOURCES OF THE PHILS., ET AL v. CENTRAL BANK OF THE PHILS.

  • G.R. No. L-24671 June 30, 1965 - FELICULO ISRAEL v. NUMERIANO G. ESTENZO, ET AL