This Court has
always recognized the general rule that in appellate proceedings, the reversal
of the judgment on appeal is binding only on the parties in the appealed case
and does not affect or inure to the benefit of those who did not join or were
not made parties to the appeal. An exception to the
rule exists, however, where a judgment cannot be reversed as to the party
appealing without affecting the rights of his co-debtor, or where the rights
and liabilities of the parties are so interwoven and dependent on each other as
to be inseparable, in which case a reversal as to one operates as a reversal as
to all. This exception,
which is based on a communality of interest of said parties, is recognized in
this jurisdiction. In the instant case, the
rights and liabilities of Solid Builders and PNB Republic are, no doubt, intertwined
and inseparable. The enforcement of the rights of Solid Builders under the
contract it entered into with PNB Republic is completely dependent upon the
latter's performance of its obligations thereunder. Assuming that
Solid Builders' offer to purchase the disputed properties is subsequently
proven to be superior to that of First Leverage, PNB Republic shall be required
to proceed with its contract to sell the subject properties to Solid Builders.
Thus, to allow the execution of the RTC judgment, by requiring PNB Republic to
sell the questioned lots to First Leverage, without first determining with
finality whether the latter's offer to buy the disputed properties is indeed
superior to Solid Builders' offer would not only result in the deprivation of Solid
Builders' right to due process but, more importantly, an unwarranted defeat or
forfeiture of its substantive rights (First Leverage and Services Group, Inc. Vs. Solid
Builders, Inc, G.R. No. 155680. July 2, 2012).
Saturday, September 1, 2012
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