- Petitioner
- J.
- Respondent
- House Vs. Sixto de La Costa
- Citation
- G.R. No. 46534
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Avanceña, J.
- Decided
- October 16, 1939
Summary
This case involves a surety bond dispute where petitioner House obtained preliminary attachment against Bush's properties, which were later discharged through a surety bond posted by Far Eastern Surety & Insurance Co., Inc. Without the surety's knowledge, House and Bush entered into an agreement allowing public auction of the discharged properties, with House becoming the successful bidder. When House obtained judgment against Bush and sought execution against the surety company, the Supreme Court denied the petition, ruling that the material alteration of the juridical relationship between House and Bush without the surety's consent released the surety from its obligations under Civil Code articles 1184 and 1847, as Bush's obligation to return the properties became impossible due to House's own actions in acquiring them through the auction.