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VISAYAN SURETY & INSURANCE Corp vs. THE HONORABLE COURT OF APPEALS, SPOUSES JUN BARTOLOME+ and SUSAN BARTOLOME and DOMINADOR V. IBAJAN,+ respondents.

VISAYAN SURETY & INSURANCE CORPORATION, petitioner, vs. THE HONORABLE COURT OF APPEALS, SPOUSES JUN BARTOLOME+ and SUSAN BARTOLOME and DOMINADOR V. IBAJAN,+ respondents.

G.R. No. 127261 | 2001-09-07

D E C I S I O N

PARDO, J.:

The Case

The case is a petition to review and set aside a decision[1] of the Court of Appeals affirming that of the Regional Trial Court, Biñan, Laguna, Branch 24, holding the surety liable to the intervenor in lieu of the principal on a replevin bond.

The Facts

The facts, as found by the Court of Appeals,[2] are as follows:

On February 2, 1993, the spouses Danilo Ibajan and Mila Ambe Ibajan filed with the Regional Trial Court, Laguna, Biñan a complaint against spouses Jun and Susan Bartolome, for replevin to recover from them the possession of an Isuzu jeepney, with damages. Plaintiffs Ibajan alleged that they were...