GR L 2508; (October, 1950) (Digest)
G.R. No. L-2508. October 27, 1950.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAMERTO ABNER, ET AL., defendants. ROBERTO SOLER AND DOMINGO ABELLA, bondsmen-appellants.
FACTS
Mamerto Abner was charged with robbery in band with rape in Tinambac, Camarines Sur. Due to the absence of the local justice of the peace and the municipal mayor’s refusal to receive the complaint, the Court of First Instance directed the Justice of the Peace of Naga to conduct the preliminary investigation. Appellants Roberto Soler and Domingo Abella executed a P15,000 bail bond for Abner, which was approved by the Justice of the Peace of Naga. After Abner and his bondsmen repeatedly failed to appear for hearings despite extensions, the trial court ordered the confiscation of the bail bond. The bondsmen appealed, contending the court lacked jurisdiction because no complaint was filed in the Tinambac justice of the peace court and that the bail bond was void for lack of Abner’s signature as principal.
ISSUE
1. Whether the Court of First Instance acquired jurisdiction over the case.
2. Whether the bail bond is void for not being signed by the accused as principal.
RULING
1. Yes, the Court of First Instance acquired jurisdiction. The bail bond itself contained a recital that a complaint was filed in the Justice of the Peace Court of Tinambac on September 17, 1946, which constitutes an admission by the bondsmen inconsistent with their contention. Moreover, the proceedings before the Justice of the Peace of Naga and the Court of First Instance, including the bondsmen’s own participation, implied due filing. The presumption of regularity in the performance of official duty stands. Additionally, under the Rules of Court, the justice of the peace of the provincial capital may conduct preliminary investigations for offenses committed anywhere within the province when so directed by the Court of First Instance.
2. No, the bail bond is not void. The instrument, though denominated a bail bond, is essentially a recognizance—a contract between the sureties and the State for the production of the accused. A recognizance does not require the signature of the accused as an indispensable condition for its validity. The Rules of Court provide for two methods of taking bail: by bail bond and by recognizance, and they are used interchangeably. The obligation is primarily on the sureties. Furthermore, the bondsmen are estopped from assailing the effectiveness of their own contract. The claim that a government campaign forced Abner into hiding was rejected, as such campaign was a consequence of Abner’s own voluntary acts as a brigand.
The order confiscating the bail bond is affirmed.
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