Close  

CA rules in favor of comedian Jose Manalo in debt case

/ 05:09 PM April 01, 2019

MANILA, Philippines – The Court of Appeals (CA) has refused to bind television host and comedian Jose Manalo into the multimillion peso civil suit involving his estranged wife Annalyn.

In a three-page resolution promulgated March 28, the CA’s former 17th division dismissed with finality the petition that sought to implead Manalo into the P50-million compromise agreement between Annalyn and businessman Froilan Clemente Jr. over an unpaid debt.

ADVERTISEMENT

The CA, in the decision written by Associate Justice Ma. Luisa Quijano-Padilla said Manalo is a non-party to the settlement deal.

“To repeat, the compromise agreement was signed by only one of the two defendants: Annalyn. On the other hand, herein private respondent Ariel or Jose, her husband and co-defendant, was not made a party to the settlement with the plaintiff, Froilan,”the CA said in dismissing Clemente’s motion for reconsideration.

The CA declared as void the compromise deal naming Manalo as a party because of lack of consent.

“More importantly, the main provisions of said compromise agreement involve admissions of liabilities and assumption of obligations made by Annalyn, not only for herself, but also on behalf of her husband Ariel, even if the latter was not made a party to the settlement. This is contrary to law because the element of consent, on the part of private respondent, is lacking,” the court stressed.

Under the agreement, Annalyn promised to “jointly and/or together with her husband” pay Clemente a total of P50 million in the form of real properties as compromise deal for the debt she personally owed the businessman.

The Quezon City Regional Trial Court Branch 92 Judge Eleuterio Bathan nullified the agreement, prompting the losing party to go to the CA.

The CA, however affirmed the lower court’s ruling.

Associate Justices Elihu Ybañez and Perpetua Atal – Paño concurred in this ruling. /gsg

ADVERTISEMENT
Read Next
LATEST STORIES
MOST READ
Don't miss out on the latest news and information.
View comments

Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. Call 896 6000.

TAGS: annalyn, Court of Appeals, Debt, Jose Manjalo, wife
For feedback, complaints, or inquiries, contact us.


© Copyright 1997-2019 INQUIRER.net | All Rights Reserved

We use cookies to ensure you get the best experience on our website. By continuing, you are agreeing to our use of cookies. To find out more, please click this link.