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National Marketing Corp. vs. Federation of United Namarco Distributors, Inc. [DISSENTING OPINION, BARREDO, J.]

NATIONAL MARKETING CORPORATION, plaintiff-appellee vs. FEDERATION OF UNITED NAMARCO DISTRIBUTORS, INC., defendant-appellant. [DISSENTING OPINION, BARREDO, J.]

G.R. No. L-22578 | 1973-01-31

BARREDO, J., dissenting:

I was on the verge of expressing my reluctant concurrence in the judgment in this case, when upon further study, and deeper reflection, I become more convinced that a reversal rather than an affirmance of the trial court's decision would be more in consonance with the fundamental principles on the prescription of compulsory counterclaims. 

As I see it now, the situation confronting the Court this case is very simple and is far from being unusual. Its solution requires no more than the application of the basic rules on pleadings, without the need of any scholarly discourse which can only serve to confuse...