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Firestone Tire And Rubber Company Of The Phil. vs. Fernando Tempongko

FIRESTONE TIRE AND RUBBER COMPANY OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO TEMPONGKO, defendant-third-party plaintiff-appellant, ANTONIO LUNA, third-party defendant-appellee.

G.R. No. L-24399 | 1969-03-28

D E C I S I O N 


TEEHANKEE, J.: 

The only issue of law raised in this appeal from an Order of the Court of First Instance of Manila is: where plaintiff obtained judgment in the Municipal Court against defendant who in turn obtained judgment for reimbursement against the third-party defendant, but only the latter appealed to the Court of First Instance, may plaintiff's judgment against defendant be deemed to have become final and executory? 

The record shows the following facts: 

In a collection action instituted in the City Court of Manila, defendant in the course of the presentation of his evidence, obtained leave to file...