Ciriaco Chunaco v. Delfina Tria

Summary

Ciriaco Chunaco sued Delfina Tria to recover P2,179.10 under a suretyship contract where she guaranteed the obligations of his agent Angel Pintor. When Pintor failed to pay after liquidation, Chunaco sought recovery from Tria and foreclosure of the mortgage she provided as security. Since Tria had sold the mortgaged parcels to other parties, they were joined as defendants. The lower court dismissed the complaint, ruling that facts did not constitute a cause of action and requiring joinder of Angel Pintor. The Supreme Court reversed, holding that under Article 1144 of the Civil Code, joint and several sureties can be sued individually without joining the principal obligator. The Court found the complaint sufficient and remanded for trial, establishing important precedent on suretyship obligations and proper joinder of parties in foreclosure actions.