Case Digest (G.R. No. L-24399)
Facts:
Firestone Tire and Rubber Company of the Philippines v. Fernando Tempongko, G.R. No. L-24399. March 28, 1969, the Supreme Court En Banc, Teehankee, J., writing for the Court. The appeal concerns whether a plaintiff’s judgment in an inferior court becomes final and executory as to a defendant who did not appeal, although a third-party defendant appealed from an adverse judgment entered on a third-party complaint.Plaintiff Firestone Tire and Rubber Company of the Philippines instituted a collection action in the City (Municipal) Court of Manila against defendant Fernando Tempongko. During trial, Tempongko obtained leave to file a third-party complaint against Antonio Luna (third-party defendant) seeking reimbursement by way of contribution or indemnity.
The City Court rendered judgment on both pleadings: it awarded Firestone judgment against Tempongko for P1,992.40 plus stipulated and accruing interest, P400 attorney’s fees and costs; and on the third-party complaint it ordered Luna to pay whatever amount Tempongko would be ordered to pay Firestone, plus P200 attorney’s fees. Only the third-party defendant, Luna, appealed timely from the City Court’s adverse ruling on the third-party complaint to the Court of First Instance of Manila; Tempongko did not appeal the judgment against him.
When the records reached the Court of First Instance, Firestone moved to remand the case to the City Court for execution of its judgment against Tempongko, contending that Tempongko’s failure to appeal rendered that portion of the judgment final and executory and was unaffected by Luna’s appeal. The Court of First Instance overruled Tempongko’s opposition, granted the motion, ordered execution of the City Court’s judgment against Tempongko, and directed that the records b...(Subscriber-Only)
Issues:
- May the plaintiff’s judgment against a defendant become final and executory when the defendant did not appeal, although a third-party defendant appealed from the judgment rendered on the third-party...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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