GR 3412; (January, 1907) (Digest)
G.R. No. 3412 (January 19, 1907)
FACTS
– The Court of First Instance (Manila) rendered judgment for plaintiff Rafael Molina y Salvador against defendant Antonio de la Riva for ₱30,052.70 plus 5% yearly interest from 27 July 1903.
– Execution ordered 21 April 1906 returned unsatisfied; no debtor’s property was found.
– Plaintiff demanded that the sureties of the debtor, Enrique F. Somes and Roberto Spalding, be bound to satisfy the judgment.
– The trial court ordered execution against the sureties.
– The sureties appealed via a bill of exceptions, asserting: (1) the bond’s joint liability applies only to them, not to the principal debtor; (2) under Articles 1830‑1832 of the Civil Code a surety cannot be compelled until the debtor’s assets are first applied.
ISSUE
Whether, under the terms of the bond and the Civil Code, the sureties may be held directly liable for execution of the judgment despite the existence of the principal debtor’s assets and a lien over said assets.
RULING
– The bond expressly declares that Antonio de la Riva (principal) and the two sureties are jointly and severally bound for the sum of US $17,500. Hence the joint liability extends equally to the principal and the sureties; the first ground of appeal is erroneous.
– Article 1831, in conjunction with Article 1822‑paragraph 2 and Article 1114, provides that when a surety joins the principal in a joint‑and‑several obligation, the creditor may sue any one of them without first exhausting the principal’s assets. Consequently, the second ground of appeal is unnecessary to decide.
– The bond is a judicial bond (“Appellant’s bond to stay execution of judgment”). Under Article 1856 of the Civil Code, a judicial surety cannot demand a levy on the principal debtor’s property. This reinforces the permissibility of executing directly against the sureties.
– The Court of Appeals’ order ordering execution against Somes and Spalding is affirmed with costs. Judgment shall be entered after ten days and the case remanded for execution.
Disposition: Order affirmed; costs awarded to plaintiff; case remanded for execution.