PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ISABEL DEL CARMEN Y PABALAN, ACCUSED, CONSOLACION INSURANCE & SURETY CO., INC., BONDSMEN-APPELLANT.

This case is before us on
appeal from an order of the Court of First Instance of Manila dated September
18, 1963, denying the motion of the accused to lift the court’s order
confiscating her bail bond, and also from its order dated October 2, 1963,
denying the motion for reconsideration filed by the Consolacion
Insurance Surety Co., Inc., surety on the bond.

The Consolacion
Insurance & Surety Co., Inc. (hereinafter referred to as bondsman) had
posted a bail bond for the amount of P1,000.00 for the
provisional liberty of accused Isabel del Carmen y Pabalan,
who had earlier appealed her conviction for theft from the City Court of Manila
to the Court of First Instance.  When the
accused failed to appear on September
6, 1963, the date of
the trial, the court a quo issued the following order:

“For failure of the accused to appear when
this case was called for trial notwithstanding due notice, the bond filed by
her for her temporary liberty is hereby ordered confiscated.  The bondsmen are hereby ordered to produce
the said accused within thirty (30) days from notice hereof and show cause
within said period why judgment should not be rendered against them for the
full amount of the bond.”

On the same day September
6, the accused, with the conformity of her bondsman, immediately filed a
“Motion to Lift Order of Arrest and Confiscation of Bond”, alleging
that she failed to appear on time at the hearing because she was delayed by a fire which occurred that morning in Folgueras
Street, Tondo, Manila.  On September 7, 1963 her motion was
denied by reason of movant’s “lack of personality.”

On September 18, 1963
the accused, also with the
conformity of her bondsman, filed a motion for reconsideration, which was
denied for lack of merit on the same day. 
The order of denial added that “in view of (the) surrender of (the) accused, forfeiture is
reduced to 20% of the bond for which judgment is hereby rendered against the
bondsman.”

The bondsman moved for reconsideration of this last order, and
when its motion was denied interposed the present appeal.

The first issue raised by appellant involves the interpretation
of section 15 of Rule 114 of the New Rules of Court, which provides:

“Section 15. Forfeiture
of bail.  – When the
appearance of the defendant is required by the court, his sureties shall be notified
to produce him before the court on a given date.  If the defendant fails to appear as required,
the bond is declared forfeited and the bondsmen are given thirty (30) days
within which to produce their principal and to show cause why a judgment should
not be rendered against them for the amount of their bond.  Within the said period of thirty (30) days,
the bondsmen (a) must produce the body of their principal or give the reason
for its non-production; and (b) must explain satisfactorily why the defendant
did not appear before the court when first required so to do.  Failing in these two requisites, a judgment
shall be rendered against the bondsmen.”

It is appellant’s
position that inasmuch as under the above-quoted provision the bondsman is given thirty days to comply with its requirements the court had no
authority to render the judgment appealed from on September 18, 1963, since the
order to produce the body of the accused and to show cause why judgment
on the bond should not be rendered was issued only on September 6, 1963.

Appellant’s position is
untenable.  All that is required before
judgment upon the bond may be rendered is the performance by
the bondsman of two (2) specific acts: 
(1) produce the body of the principal or give the reason for his non-production;
and (2) explain satis­factorily why the principal did not appear before the
court when first required to do so.  For
this purpose a period of thirty days is allowed.  If upon the expiration thereof neither of the
requisites is complied with,
judgment against the bondsman shall be rendered as a matter of course.  This however does not mean that if the
principal is produced before the period expires and the explanation is
submitted for his non-appearance when required the court will have to wait
until the expiration of such period before it may render judgment on the
bond.  There is no point at all in
deferring judgment since the matter is already submitted to the court on the
only question of whether or not the explanation is satisfactory and whether or not the bondsman should be held
liable.

The second issue refers
to the merit of the explanation submitted by appellant for the failure
of its principal to appear at the hearing. 
This is an issue the resolution of which generally lies within the
discretion of the trial court (People vs. Alamada, 89
Phil. 1).  Since appellant was adjudged
liable for only 20% of the actual amount of the bond, the trial court evidently
being of the opinion that the explanation submitted to it was not entirely
satisfactory, we find no reason to disturb the order appealed from.  The same is therefore affirmed, with costs.

Concepcion, C.J., Reyes, J.B.L., Dizon, Bengzon, J.P., Zaldivar, Sanchez, Castro, Angeles, and Fernando, JJ., concur.