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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 47340. December 21, 1940. ]

THE LAWYERS COOPERATIVE PUBLISHING COMPANY, Plaintiff-Appellee, v. FERNANDO PERIQUET and THE LUZON SURETY CO., INC., Defendants-Appellants.

Benedicto M. Javier for Appellants.

Mario Bengzon for Appellee.

SYLLABUS


1. CONRACT OF GUARANTY; BOND; LIABILITY OF BONDSMEN. — The only question to be determined in this case is whether or not the defendants-appellants are liable upon the bond subscribed to and filed by them. The purpose of filing the said bond was to guarantee the return of the law books under litigation in the event that the municipal court of Manila should adjudge such return in civil case No. 115406. The said court having rendered judgment ordering the return of the books and said judgment having become final, the bondsmen could be released from their liability only upon satisfaction of the judgment in question. The said judgment having remained unsatisfied, and the defendants-appellants not having shown any cause or causes which will extinguish the guarantee according to law (arts. 1847-1852, Civil Code), the defendants-appellants are bound to fulfill their undertaking under the bond.


D E C I S I O N


LAUREL, J.:


The defendants-appellants herein, Fernando Periquet and the Luzon Surety Co., Inc., jointly and severally subscribed to and filed a bond in the amount o
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