CA rules in favor of comedian Jose Manalo in debt case
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.
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
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