GR L 12624; (May, 1960) (Digest)
G.R. No. L-12624; May 25, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. GANTANG KASIM, ET AL., defendants. LUZON SURETY CO., INC., bondsman-appellee.
FACTS
An information for theft of large cattle was filed against the accused, including Lanao Moro. On the hearing date, the defense counsel informed the court that accused Lanao Moro could not be located. Upon the Fiscal’s motion, the trial court issued an order confiscating the bail bond filed by the accused and the Luzon Surety Co., Inc., and gave the company thirty days to produce the accused and explain why judgment on the bond should not be rendered. The Surety Company was granted several postponements to produce the accused. Eventually, it filed a motion conceding partial confiscation of the bond in the amount of P1,000 (out of the total P4,000 bond) and requested the issuance of a warrant of arrest. The trial court granted the motion, ordering the partial payment of P1,000 and issuing the warrant.
ISSUE
Whether the trial court has the authority to relieve the bonding company from a part of its full P4,000 liability under the bail bond by ordering only a partial (P1,000) confiscation, despite the company’s failure to produce the body of its principal (the accused) after several extensions of time.
RULING
No. The order of the trial court is reversed. The bail bond filed by the appellee bonding company is ordered confiscated in its full amount.
The bonding company has the responsibility to produce the accused before the court whenever required. Its failure to do so constitutes a complete breach of its guaranty. The company’s reasons for non-production—that the accused transferred residence without notice and was hiding in a reputed sanctuary—were based solely on information from the defense counsel and not on its own diligent efforts. The company should have taken direct action to secure the accused’s appearance instead of relying on such information. Under Section 15, Rule 110 of the Rules of Court, if the bonding company fails to produce the body of its principal or give a satisfactory reason for his non-production, judgment shall be rendered against it on its bond. The surety’s dominion over the principal is a continuance of the original imprisonment, and it has broad rights to seize and deliver the accused. Therefore, partial relief from the full bond liability is not warranted under the circumstances.