G.R. No. L-6962; April 25, 1956
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. KANTONG ALI, accused, LUZON SURETY CO., INC., bondsman-appellee.

FACTS

On January 19, 1952, Kantong Ali was charged with illegal possession of firearms in the justice of the peace court of Dulawan, Cotabato. Upon his arrest on February 5, 1952, the Luzon Surety Co., Inc. filed a P2,000 bond for his provisional release, which was approved. The case was forwarded to the Court of First Instance of Cotabato, where an information was filed on February 21, 1952. The arraignment, initially set for July 29, 1952, was postponed to September 15 and then to October 6, 1952. On October 6, 1952, the accused failed to appear. The court, upon the Provincial Fiscal’s petition, ordered the confiscation of the bond and gave the surety 30 days to produce the accused and explain. The surety was notified but did not comply; instead, on November 24, 1952, it filed an ex-parte motion for an immediate arrest order, alleging the accused was evading service. The motion was granted. The surety took no further action to arrest the accused. On January 26, 1953, the Provincial Fiscal moved for final judgment on the bond. The court deferred action until March 30, 1953. On March 27, 1953, the surety moved for additional time, claiming new information on the accused’s whereabouts. On March 30, 1953, the surety filed an urgent motion for bond cancellation, attaching affidavits stating the accused had died in the last week of January 1953 in Zamboanga del Sur. The Provincial Fiscal opposed, arguing the death months after the forfeiture did not excuse the accused’s initial non-appearance or exonerate the surety. The lower court, on April 22, 1953, cancelled the bond and relieved the surety of liability. The People appealed.

ISSUE

Whether the death of the accused, occurring months after the bond was forfeited due to his non-appearance, completely exonerates the surety from its obligation under the bail bond.

RULING

No. The order of the lower court is reversed. The surety is not entitled to full exoneration. The Supreme Court found the surety negligent from October 6, 1952 (the date of forfeiture) until January 20, 1953 (when the Fiscal sought judgment), a period of 106 days, during which it did nothing to produce the accused or explain his non-production as required under Section 15, Rule 110 of the Rules of Court. The surety failed to comply with the 30-day period to produce the accused or give a satisfactory explanation. The death of the accused in late January 1953, long after the expiration of the 30-day period, does not constitute sufficient cause for a full discharge of the surety’s responsibility arising from the violation of the bond’s conditions. At most, the surety is entitled only to a partial exoneration. Judgment is rendered on the bond in the amount of P1,000.