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Malayan Insurance Co. Inc., vs. Salas

MALAYAN INSURANCE CO., INC., petitioner, vs. HON. EMILIO V. SALAS, as Presiding Judge, Court of First Instance of Rizal, Branch I, Pasig, Metro Manila, ROSENDO FERNANDO and JOHN DOE, respondents.

G.R. No. L-48820 | 1979-05-25

D E C I S I O N

AQUINO, J:

This case is about the surety company's liability on its replevin bond which was not included in the final judgment against the principal in the bond. It is undisputed that in 1970 Makati Motor Sales, Inc., as vendor mortgagee, sued Rosendo Fernando for the recovery of four diesel trucks and the collection of the balance of his obligation plus damages (Civil Case No. 13874, Court of First Instance of Rizal, Pasig Branch I).

To obtain immediate possession of the trucks pending trial, Makati Motors Sales, Inc. posted a replevin bond executed by the Malayan Insurance Co., Inc. In that bond the surety bound itself...