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ComTrust v. Republic Armored Car ESCRA
ComTrust v. Republic Armored Car ESCRA
LABRADOR, J.:
428
429
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party complaint is of no weight, because a third-party
complaint was not available to the defendants under the
facts of the case. A third-party complaint is, under the
Rules, available only if the,defendant has a right to
demand contribution, indemnity, subrogation or any other
relief from the supposed third-party defendants in respect
to the plaintiff s claim. (Sec. 1, Rule 12, Rules of Court).
The supposed parties defendants or alleged officers of the
defendant corporation had nothing to do with the overdraft
account of defendant corporation with the plaintiff-
appellee. Consequently, they cannot be made parties
defendants in a third party complaint. Anyway the filing of
a third party complaint is no hindrance to the issuance of
the order of the court declaring that the defendants' answer
presented no issue or defense and that, therefore, plaintiff-
appellee was entitled to judgment.
In G.R. No. L-18224, our ruling in the first case is also
applicable. In this second case, it is also alleged that at the
time of the agreement for credit in current account the
defendant corporation was under the management of
Ramon Racelis and others who defrauded and mismanaged
the corporation, in breach of trust, etc., etc. Again we
declare that the written agreement for credit in current
account, Annex "A", contains no limitation about the
liability of the defendants-appellants, nor an express
agreement that the responsibility of the defendants-
appellants should be conditioned upon the lawful
management of the business of the defendant corporation.
The same rulings in the first case are applicable in this
second case.
WHEREFORE, the judgments appealed from are hereby
affirmed, with costs against the defendants-appellants.
Judgments affirmed.
430
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