Teodoro Baguisi, En Su Capacidad De Sheriff Provincial De Nueva Ecija, Demandante-Apelante, Contra Eulalio Adriano Y Otros, Demandados-Apelados

Summary

Sheriff Teodoro Baguisi attached rice to satisfy a judgment, but a third party (Nicanor Jacinto) successfully claimed ownership and obtained a Manila court judgment against the Sheriff for P300 damages plus P68 costs. The Sheriff sued the judgment creditor (Eulalio Adriano) and his sureties under a P1,600 surety bond to recover these amounts. The Supreme Court reversed the lower court's dismissal, holding that res judicata did not apply since different parties and causes of action were involved. The Court ruled that the surety obligation became enforceable upon the final adverse judgment, regardless of actual payment, and that under Article 1729 of the Civil Code, the principal must indemnify his agent for damages suffered in mandate performance. The judgment creditor and one surety were ordered to pay P368 jointly and severally.