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Luzon Surety Co., Inc., vs. Panaguiton, et al

LUZON SURETY CO., INC., plaintiff-appellee, vs. JESUS PANAGUITON, ET AL., defendants, CUSTODIA J. VDA. DE VELASCO, as administratrix of the Intestate Estate of ANGELES VELASCO, defendant-appellant.

G.R. No. L-26054 | 1978-07-21

D E C I S I O N

GUERRERO, J:

This is an appeal from the order of the Court of First Instance of Manila, issued in Civil Case No. 35662 denying the appellant's petition for relief from judgment. The Court of Appeals, finding that this case posed only questions of law, elevated it to this Court for disposition pursuant to section 31 of the Judiciary Act, as amended, and section 3, Rule 50 of the Revised Rules of Court.

The records disclose the following undisputed facts:

"That on April 21, 1955, plaintiff, as surety, and defendant Jesus Panaguiton, as principal, executed jointly and severally a surety bond for P10,000.00 in favor of the...