G.R. No. L-2575; October 23, 1950
U.S. Commercial Co. vs. Macario Guevara, et al. (Alberto Zamora, appellant)

FACTS

The plaintiff, U.S. Commercial Co., filed an action against the defendants. The Court of First Instance of Davao denied the defendants’ motion to file a third-party complaint against Anastacio Pancho, filed one month after their answer. The trial court then rendered judgment holding the defendants jointly and severally liable to the plaintiff. Only defendant Alberto Zamora appealed, assigning two errors: (1) the denial of the motion to admit the third-party complaint, and (2) the imposition of joint and several liability.

ISSUE

1. Whether the trial court erred in denying the motion to file a third-party complaint.
2. Whether the trial court erred in holding the defendants jointly and severally liable.

RULING

1. On the third-party complaint: The denial was proper. While a third-party complaint may be based on a transaction connected with the plaintiff’s claim, the defendants had already rescinded their contract with Anastacio Pancho due to his non-compliance. The trial court did not abuse its discretion in denying the motion.

2. On the nature of liability: The trial court erred in imposing joint and several liability. The defendants were acting as an ordinary partnership under the joint responsibility of the original incorporators of the Fil-American Company, as admitted in the complaint. Under Article 1698 of the Civil Code, partners in an ordinary partnership are liable jointly, not jointly and severally.

The judgment was reversed. Appellant Alberto Zamora is liable to pay only jointly or a pro-rata share of the amounts awarded, not jointly and severally with the other defendants. Costs were imposed on the plaintiff-appellee.

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