G.R. No. L-8223; March 4, 1914
THE UNITED STATES, plaintiff-appellant, vs. EVARISTO PAINAGA, defendant-appellee.

FACTS:
The defendant, Evaristo Painaga, was convicted on February 1, 1912. His sureties were notified on February 7 to produce his body. Having failed to do so, the court on February 28, 1912, ordered the forfeiture of the bail bond, issued an alias warrant for the defendant’s arrest, and directed execution against the principal and sureties. Execution was levied on the sureties’ property on March 13, 1912. The sale of the property was postponed four times by court order. The final sale occurred on July 8, 1912, with the Government as the purchaser. On July 10, 1912, the principal defendant was arrested. On July 13, 1912, upon application of the sureties, the trial court set aside the order forfeiting the bond and annulled the execution sale. The Government appealed these orders.

ISSUE:

2. Whether the trial court retained control and authority to set aside the forfeiture of the bond and annul the execution sale after the sale had been completed and the principal was arrested two days later.

RULING:
The Supreme Court REVERSED the orders of the trial court.

DISPOSITIVE PORTION: The orders of the Court of First Instance of Manila dated July 13, 1912, setting aside the forfeiture of the bail bond and annulling the execution sale, are reversed. Costs are taxed against the appellee.