Petitioner
Domingo Ferrer
Respondent
Jose S. Lopez
Citation
G.R. No. 46264
Court
Supreme Court
Division
First Division
Ponente
Laurel, J.
Decided
October 3, 1939

Summary

This case involves Jose S. Lopez's liability as surety on a P7,000 bond securing judicial administrator Patricio Aliño's performance in managing Tasiana Ferrer's estate. Part of a series of related cases, the Ferrer heirs sought additional payment from Lopez as surety. Lopez moved for new trial, claiming he had already paid P8,228.34 across multiple related cases, exceeding his P7,000 bond limit. The Supreme Court acknowledged that a surety's liability cannot exceed the bond amount per Civil Code Article 1827, set aside the lower court decision, and remanded the case to determine the actual payments made by Lopez. The decision emphasizes the fundamental principle that suretyship obligations are limited to the express terms of the bond and cannot be extended beyond the specified amount.

Statutes applied

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By the Intellegal Editorial Board · October 3, 1939

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