Title
Firestone Tire and Rubber Company of the Philippines vs. Tempongko
Case
G.R. No. L-24399
Decision Date
Mar 28, 1969
Firestone sued Tempongko for unpaid debt; Tempongko filed a third-party complaint against Luna. Tempongko’s failure to appeal made the judgment final; Luna’s appeal did not affect Tempongko’s liability.

Case Digest (G.R. No. 101761)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case
    • The case arose from a collection action instituted in the City Court of Manila.
    • The plaintiff-appellee, Firestone Tire and Rubber Company of the Philippines, initiated the suit against defendant Fernando Tempongko.
    • During the course of the proceedings, the defendant obtained leave from the court to file a third-party complaint against Antonio Luna, who became the third-party defendant.
  • Proceedings in the City Court
    • The City Court rendered two separate judgments in the matter:
      • On the original complaint:
        • Judgment was rendered in favor of the plaintiff-appellee against defendant Tempongko.
        • The defendant was ordered to pay P1,992.40 (representing the principal account), P200.00 stipulated interest up to January 31, 1964, and thereafter 1% interest per month until full payment is made; in addition, P400.00 for attorney’s fees and other costs of the suit.
      • On the third-party complaint:
        • Judgment was rendered in favor of the defendant (acting as third-party plaintiff) against the third-party defendant, Antonio Luna.
        • The third-party defendant was ordered to pay to the third-party plaintiff whatever amount the latter was ordered to pay the plaintiff in the case, plus P200.00 as attorney’s fees.
    • The counterclaim filed by the third-party defendant was dismissed.
  • Subsequent Motions and Appeals
    • Only the third-party defendant (Antonio Luna) appealed the judgment rendered against him in the third-party complaint.
    • When the records reached the Court of First Instance of Manila, the plaintiff-appellee filed a Motion to Remand Case for the execution of its judgment against defendant Tempongko.
    • The plaintiff-appellee argued that because defendant Tempongko failed to appeal the injury inflicted by the City Court’s decision, its judgment against him had become final and executory, notwithstanding the appeal by the third-party defendant.
    • The Court of First Instance granted the motion, ordering that the judgment against Fernando Tempongko be executed, while for trial de novo the records be sent back to handle issues related solely to the third-party complaint.

Issues:

  • Main Issue Raised
    • Whether the judgment rendered in the collection action against defendant Fernando Tempongko becomes final and executory despite only the third-party defendant (Antonio Luna) having appealed the corresponding judgment on the third-party complaint.
  • Sub-Issues Considered
    • Whether the third-party complaint, as raised by the defendant who acted as a third-party plaintiff, constitutes a proper or effective defense to the original complaint brought by the plaintiff-appellee.
    • Whether an appeal by a third party from a judgment in its favor has the effect of vacating the entire judgment in the case or only the part that directly affects the appealing party.
    • The applicability of established case law, particularly the ruling in Singh vs. Liberty Insurance Corporation, regarding the finality of judgments when only part of the parties appeal.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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