Jerold I. Saddi
SP LAWBUS 34
Manuel G. Singsong, Jose Belzunce, Agustin E. Tonsay, Jose L. Espinos, Bacolod Southern Lumber Yard, and Oppenm Esteban Inc., (Plaintiffs-Appellees)
Isabela Sawmill, Margarita G. Saldajeno and her husband Cecilio Saldajeno, Leon Garibay, Timoteo Tubungbanua, and the Provincial Sheriff of Negros Occidental, (defendants) Margarita G. Saldajeno and her husband Cecilio Saldajeno, defendants-appellants.
An appeal to the Court of Appeals from the judgment of the Court of First Instance of Negros Occidental in Civil Case no. 5343.
Facts: * January 30, 1951 - the defendants entered into a Contract of Partnership under the firm name "Isabela Sawmill." * April 25, 1958 - an action…show more content… Ratio
One branch of the Court of First Instance of Negros Occidental can take cognizance of an action to nullify a final judgment of the other two branches of the same court.
On the question of whether a court may nullify a final judgment of another court of co-equal, concurrent and coordinate jusridiction, this Court originally ruled that a court has no power to interfere with the judgments or decrees of a court of concurrent or coordinate jurisdiction having equal power to grant the relief sought by the injunction. -This was pursuant to the policy of judicial stability -In December 1971, however, this court re-examined and reversed its earlier doctrine on the matter. In Dupla V Court of Appeals, the SC declared that a court of first instance or a branch thereof has the authority and jurisdiction to take cognizance of, and to act in, suit to annul final and executory judgment or order rendered by another court of first instance or by another branch of the same court. Ratio A contract cannot be assailed by one who is not a party thereto. However, when a contract prejudices the rights of a third person, he may file an action to annul the contract. Reasoning
This Court has held that a person, who is not a party obliged principally or subsidiarily under a contract, may exercise an action for nullity of the contract if he is