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G.R. No. L-46534 October 16, 1939

J.V. HOUSE,petitioner,

vs.

SIXTO DE L !OST, JUDGE O" "IRST INSTN!E O" #NIL, $RN!H V, ET

L.,respondents.

Yuseco, Arteche and Abdon for petitioner.

Antonio Gonzalez for respondents.

VN!E%, C.J.:

The petitioner, plaintiff in a civil case against C.P. Bush and George Upton for the recovery of a

sum of money, obtained a preliminary attachment of certain properties of the latter. Three days

thereafter, Bush and Upton secured the discharge of the attachment of these properties by filinga bond posted by Far Eastern urety ! "nsurance Co., "nc., on #ugust $%, &'(), for P$,***, the

condition of the bond being that, should the plaintiff and petitioner +ouse obtain a udgment

against C.P. Bush, the latter -ould return to the heriff of anila the properties discharged from

attachment and, should he fail to do so, the Far Eastern urety ! "nsurance Co., "nc., -ould pay

the value thereof.

/n eptember &st follo-ing, the petitioner +ouse and C.P. Bush entered into an agreement,

-ithout the 0no-ledge or consent of the Far Eastern urety ! "nsurance Co., "nc., -hereby

Bush delivered to the petitioner, together -ith other properties, those discharged from

attachment to be sold at public auction. The petitioner -as the highest bidder in this sale andthe properties -ere adudicated to him.

Eventually the petitioner obtained udgment against C.P .Bush for the amount of P$,*** and the

same not having been satisfied, he as0ed for e1ecution against Far Eastern urety ! "nsurance

Co., "nc., as surety of C.P Bush in the discharge of the properties from the attachment. The

court denied this petition.

The petitioner alleges that the court e1ceeded and abused its discretion in so ruling.

From the foregoing it appears that the petitioner and C.P. Bush, under the agreement of

eptember &st, substantially altered their udicial relations as to the properties discharged fromattachment and for the delivery of -hich Far Eastern urety ! "nsurance Co., "nc., -as a surety,

-hich alteration necessity released the latter from its obligations as such surety. The properties

discharged from attachment having been turned over to the petitioner and thereafter publicly

sold and adudicated to him under the said agreement, the obligation of C.P. Bush to return the

properties to the heriff, in satisfaction of the udgment in favor of the petitioner, -as

e1tinguished and compliance there-ith became impossible by petitioner2s o-n act, thereby

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resulting in the release of the surety from its obligation to pay the value of said properties

3articles &&4) and &4)5 of the Civil Code6.lwphi1.nt

The petition is denied, -ith the costs to the petitioner. o ordered.

Villa-Real, Iperial, !iaz, "aurel, #oncepcion, and $oran, %%., concur.