- Petitioner
- Ouano Arrastre Service
- Respondent
- The Hon. Peary G. Aleonar
- Citation
- G.R. No. 97664
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Feliciano, J.
- Decided
- October 10, 1991
Summary
IPI sued Mercantile Insurance and OASI for replacement of damaged imported equipment, obtaining a joint and several liability judgment for P435,000. When only Mercantile appealed timely, IPI moved for execution against OASI. OASI's late appeal was based on alleged miscommunication between its law firm's branch offices and claimed benefit from Mercantile's timely appeal as solidary co-debtor. The Supreme Court denied OASI's petition, holding that service of the trial court's decision was valid despite the law firm's internal miscommunication, making OASI's appeal untimely. The Court rejected OASI's argument that it should benefit from Mercantile's appeal under Article 1222 of the Civil Code, finding their defenses conflicted and that OASI waived such rights by failing to appeal. The decision became final and executory against OASI, allowing immediate execution regardless of Mercantile's pending appeal.