Petitioner
Diamond Builders Conglomeration
Respondent
Country Bankers Insurance Corporation
Citation
G.R. No. 171820
Court
Supreme Court
Division
Third Division
Ponente
Nachura, J.
Decided
December 13, 2007

Summary

Diamond Builders Conglomeration and related parties were sued by Country Bankers Insurance Corporation for reimbursement of P370,000 paid under a surety bond. The surety bond secured Rogelio Acidre's obligation under a compromise agreement to complete construction within 75 days. When Acidre failed to complete the work, the trial court issued a writ of execution against the surety bond. Country Bankers paid under compulsion of the writ despite petitioners' pending motion to stay execution. The Supreme Court affirmed that the payment was not voluntary but legally compelled, and petitioners were bound by the indemnity agreement's incontestability clause. The decision clarifies the immediately executory nature of compromise judgments and the obligations of sureties versus principal debtors under Philippine law.

Statutes applied

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By the Intellegal Editorial Board · December 13, 2007

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