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Spouses Amurao however, that although the contract of suretyship is secondary to the principal contract, the
G.R. No. 179628 : January 16, 2013 surety’s liability to the obligee is nevertheless direct, primary, and absolute. But while there
is a cause of action against Manila Insurance, the complaint must still be dismissed for lack of
THE MANILA INSURANCE COMPANY, INC., Petitioner, v. SPOUSES ROBERTO and AIDA jurisdiction.
AMURAO, Respondents.
REMEDIAL LAW: arbitration
DEL CASTILLO, J.:
SECOND ISSUE: The CIAC has jurisdiction over the case and not the RTC.
FACTS:
In order for the CIAC to acquire jurisdiction two requisites must concur: “first, the dispute
Spouses Roberto and Aida Amurao (Sps. Amurao) entered into a Construction Contract must be somehow connected to a construction contract; and second, the parties must have
Agreement (CCA) with Aegean Construction and Development Corp. (Aegean) for the agreed to submit the dispute to arbitration proceedings.” In this case, both requisites are
construction of a six-storey commercial building. To guarantee its obligation, Aegean posted present.
performance bonds secured by petitioner Manila Insurance Company, Inc. (Manila Insurance)
and Intra Strata Assurance Corporation (Intra Strata). Aegean failed to comply with its DISMISSED.
obligation. Hence, the spouses filed a complaint before the RTC to enforce its claim against
the sureties. CASE 2013-0003: THE MANILA INSURANCE COMPANY, INC. VS. SPOUSES ROBERTO AND AIDA
AMURAO (G.R. NO. 179628, 16 JANUARY 2013, DEL CASTILLO, J.) SUBJECT/S: JURISDICTION
During the pre-trial, Manila Insurance and Intra Strata discovered that the CCA contained an OF CIAC; LIABILITY OF SURETY; (BRIEF TITLE: MANILA INSURANCE VS. AMURAO)
arbitration clause. Consequently, they filed a Motion to Dismiss on the grounds of lack of
cause of action and lack of jurisdiction. The RTC denied the motion to dismiss. DISPOSITIVE:
Manila Insurance appealed to the Court of Appeals. The CA dismissed the petition. WHEREFORE, the petition is hereby GRANTED. The Decision dated June 7, 2007 and the
Resolution dated September 7, 2007 of the Court of Appeals in CA-G.R. SP No. 96815 are
Hence, Manila Insurance elevated the matter to the Supreme Court. hereby ANNULLED and SET ASIDE. The Presiding Judge of the Regional Trial Court of Quezon
City, Branch 217 1s DIRECTED to dismiss Civil Case No. Q-01-45573 for lack of jurisdiction.
Manila Insurance argues that it cannot be held liable as a surety because the claim of Sps.
Amurao is premature. Manila Insurance contends that the dispute between the spouses and SO ORDERED.
Aegean should be brought first before the CIAC for arbitration.
SUBJECTS/DOCTRINES/DIGEST:
ISSUES:
SPOUSES AMURAO ENTERED INTO A CONSTRUCTION AGREEMENT WITH AEGEAN
I. Whether or not Manila Insurance can be held liable as surety of Aegean? DEVELOPMENT CORP WHEREBY THE LATTER WAS TO CONSTRUCT A 6 STOREY COMMERCIAL
BUILDING. AGEAN POSTED PERFORMANCE BOND SECURED BY PETITIONER MANILA
II. Whether or not the RTC has jurisdiction over the dispute? INSURANCE COMPANY INC AND INTRA STRATA ASSURANCE CORP. WHEN AGEAN FAILED TO
FINISH THE CONSTRUCTION, SPOUSES AMURAO FILED A CASE AGAINST MANILA INSURANCE
HELD: AND INTRA STRATA. MANILA INSURANCE MOVED TO DISMISS THE CASE BECAUSE THERE IS
AN ARBITRATION CLAUSE IN THE CONSTRUCTION AGREEMENT WHICH PROVIDES THAT ANY
CIVIL LAW: surety’s liability DISPUTE ON THE INTERPRETATION OF THE CONTRACT DOCUMENTS SHALL BE BROUGHT
BEFORE THE CIAC. RTC DENIED THE MOTION TO DISMISS. CA SUSTAINED THE MOTION TO
FIRST ISSUE: Manila Insurance is liable as surety. DISMISS. IS CA CORRECT.
A contract of suretyship is defined as “an agreement whereby a party, called the surety, NO. THE CASE SHOULD BE DISMISSED FOR LACK OF JURISDICTION. CIAC HAS JURISDICTION
guarantees the performance by another party, called the principal or obligor, of an obligation OVER THE CASE.
or undertaking in favor of a third party, called the obligee.
IN ORDER FOR THE CIAC TO ACQUIRE JURISDICTION TWO REQUISITES MUST CONCUR:
The Court has consistently held that a surety’s liability is joint and several, limited to the “FIRST, THE DISPUTE MUST BE SOMEHOW CONNECTED TO A CONSTRUCTION CONTRACT;
amount of the bond, and determined strictly by the terms of contract of suretyship in AND SECOND, THE PARTIES MUST HAVE AGREED TO SUBMIT THE DISPUTE TO ARBITRATION
relation to the principal contract between the obligor and the obligee.It bears stressing, PROCEEDINGS.” IN THIS CASE, BOTH REQUISITES ARE PRESENT.
TO WHAT EXTENT IS THE LIABILITY OF THE SURETY.