G.R. No. 7967; September 5, 1914
PORT BANGA LUMBER CO., plaintiff-appellee, vs. EXPORT & IMPORT LUMBER CO., defendant-appellant.

FACTS:
A final judgment was rendered by the Supreme Court of the Philippines in favor of Port Banga Lumber Co. The defendant, Export & Import Lumber Co., was allowed an appeal to the Supreme Court of the United States by a Justice of this Court. As a condition for the appeal, the approving Justice required and subsequently accepted and approved a supersedeas bond in the amount of $20,000 United States currency. The citation was also duly signed. After these steps were completed, one of the sureties who signed the supersedeas bond filed a motion with the Supreme Court of the Philippines, seeking permission to withdraw from the bond and to be relieved from all liability under it.

ISSUE:
Whether the Supreme Court of the Philippines retains jurisdiction to grant the motion of a surety to withdraw from and be relieved of liability under a supersedeas bond, after the bond has been accepted and approved and the appeal to the Supreme Court of the United States has been perfected.

RULING:
No. The Supreme Court of the Philippines no longer has jurisdiction over the matter. The Court ruled that once a Justice of this Court has allowed the appeal, accepted and approved the required supersedeas bond, and signed the citation, jurisdiction over the cause, including the control of the appeal and the supersedeas, is transferred to the Supreme Court of the United States. Citing U.S. Supreme Court precedents (Draper vs. Davis and Jerome vs. McCarter), the Philippine Court held that the approving Justice’s power over the appeal and its security is final and exhausted upon acceptance of the bond, absent fraud. Furthermore, the practice in federal courts dictates that a trial court should not modify the proceedings by which an appellate court’s jurisdiction has been obtained. Therefore, this Court lacks the authority to annul the bond or relieve the surety, as such action would interfere with the jurisdiction of the Supreme Court of the United States. The motion was denied.