Philippine British Assurance Co., Inc. Vs. Intermediate Appellate Court, Sycwin Coating and Wires, Inc. and Dominador Capcal

Philippine British Assurance Co., Inc., Petitioner,

Vs.

Honorable Intermediate Appellate Court, Sycwin Coating and Wires, Inc., and Dominador Capcal, Chief Deputy Sheriff of Manila, Respondents.

G.R. No. 72005, May 29, 1987


Facts:

Private Respondent Sycwin Coating and Wires Inc. filed a complaint for the collection of money against Varian Industrial Corporation. During the pendency of the case, private respondent succeeded in attaching some of the properties of Varian upon posting of a supersedeas bond. Varian in turn posted a counter bond amounting to ₱ 1,400,000.00 thru petitioner Philippine British Assurance Coy a registered and recognized surety, thus, attached properties were retarded.

The trial court then rendered a decision favorable to the private respondent and Writ of execution was issued in favor of the private respondent. The same was however returned unsatisfied since Varian failed to deliver the attached personal properties. Sycwin thus prayed that petitioner corporation be ordered to pay the value of it's bond which was granted by the respondent Court. (IAC)

Issue:

Whether or Not the counter bond issued through petitioner corporation covers execution of a judgment pending appeal.

Held:

Yes. The counter bond was issued in accordance with section 5 of the Rules of Court. Neither the rules nor provisions of the Counter Bond limited its application to a final and executory judgment. It applies to the payment of any Judgment that may be recovered by the plaintiff.

It is a recognized rule that where the law does not distinguish, courts should not distinguish. Since the law did not make any exception, when it speaks of "any judgment" which may be charged against a counter bond, it should be interpreted to refer not only to a final and executory judgment, but also judgment pending appeal.

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