Security Pacific Assurance V Tria Infante
Security Pacific Assurance V Tria Infante
Security Pacific Assurance V Tria Infante
TRIA-INFANTE (2005)
Facts
• Reynaldo Anzures filed a complaint in RTC against Teresita Villaluz for
violation BP 22.
• RTC acquitted Villaluz of the crime charged (BP22) but held her civilly
liable. Villaluz appealed but decision was affirmed.
• The case was elevated to the SC and during it’s pendency, Villaluz posted a
counter-bond of P2.5M issued by Security Pacific Assurance
Corporation, as well as filed an Urgent Motion to Discharge Attachment.
• SC affirmed CA; Anzures moved for execution of judgment.
• Security Pacific was saying that although, it has a surety agreement with
Villaluz, it is one which merely waives its right of excussion. This is wrong
The counter-bond itself states that the parties jointly and severally bind
themselves to secure the payment of any judgment that the plaintiff may
recover against the defendant in the action.