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PEOPLE OF THE PHIL. vs. ELMO CELESTE, ET AL.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELMO CELESTE, accused, RIZAL SURETY & INSURANCE COMPANY, INC., bondsman-appellant.

G.R. No. L-25806 | 1977-04-29

MUá'OZ PALMA, J.:

The crux of this appeal lies in the question, viz: for purposes of discharge of a bondsman from his liability under a bail bond, is it sufficient that he produces the accused before the court for the promulgation of the judgment without need of his filing a motion or verbally moving for discharge and without the court expressly relieving the bondsman from further liability on his bond?

Appellant Rizal Surety & Insurance Co. answers the query in the affirmative and avers that the court a quo erred in holding the contrary and declaring it liable under its bail bond of Twelve Thousand Pesos (P12,000.00) filed in Criminal...