Petitioner
Uy Aloc
Respondent
Cho Jan Ling
Citation
G.R. No. 8785
Court
Supreme Court
Division
First Division
Ponente
Carson, J.
Decided
March 30, 1914

Summary

This case establishes the principle that a surety's liability on an appeal bond is strictly limited to the terms specified in the bond and cannot be extended beyond its express provisions. Plaintiffs sought to execute against surety Simeon Blas for amounts beyond those guaranteed in the appeal bond. The Supreme Court affirmed the trial court's ruling that the surety was only liable for the original judgment amount of P24,155.95 and compliance with accounting requirements, not for additional amounts discovered through subsequent accounting proceedings. The Court applied Civil Code Article 1827, emphasizing that security is not presumed and must be express. The decision protects sureties from liability exceeding their contractual undertakings and prevents creditors from expanding bond coverage retroactively.

Statutes applied

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By the Intellegal Editorial Board · March 30, 1914

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