JUDICIAL BONDS

National Administrative Register September 10, 1993 [ IC CIRCULAR LETTER NO. 8-2000, July 12, 2000 ]



In a Memorandum to all Clerks of Court and Branch Clerks of Court, dated September 10, 1993 (Text available upon request at ONAR, U.P. Law Complex, Diliman, Quezon City),
the Court Administrator of the Supreme Court prescribed the guidelines
before approval by the Judge concerned of all applications for
bail/judicial bonds.

As a parallel move with that of the Supreme Court to stop the
proliferation of spurious bail bonds and other judicial bonds, the
following rules shall govern the issuance of judicial bonds:

1.   Judicial bonds can only be issued by the head office or
branches and district offices of insurance companies, duly registered
with the Insurance Commission to the exclusion of others;

2.   The insurance company issuing judicial bonds shall confirm
every first ten (10) days of the following month, the bonds it had
issued to a particular court copy furnished the Supreme Court and the
Insurance Commission. However in the event that the court requests for a
special or an urgent verification of a particular bond, the insurance
company shall act upon it within three (3) working days from date of
receipt and forward a copy to the Insurance Commission;

3.   Penalties

a)      For failure to submit the list of judicial bonds a
company has issued for a particular month within ten (10) days of the
following month, a penalty of P500.00 per day of delay;

b)      For failure to act on the court’s request within the (3)
working days from receipt of the request, a penalty of P500.00 per day
of delay; and

c)      For failure to comply with any of the foregoing rules, a
surety company cannot invoke the defense that the bond in question is a
fake bond and hence shall be liable to pay its obligation under the
bond.

The form to be used in the submission required under item No. 2 is attached (Available upon request at ONAR, U.P. Law Complex, Diliman, Quezon City).

This Circular Letter amends IC Circular Letter No. 24-93 and takes effect immediately.

Adopted: 12 July 2000

(SGD.) EDUARDO T. MALINIS
Insurance Commissioner