gr_41804_1976

First Division . Footnotes 1 Cetified to this Court by the Court of Appeals for review on question of law as a per its Resolution dated May 7, 1976. 2 Section 4.

Judgement when some defenants answer and others make default. - When a complaint states a common cause of action agait several defendants, some of whom answer, and the others fail todo so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. The same procedure applies hwne a common cause of action is pleaded in a counterclaim, cross-claim and third-party claim.

3 pp. 2-5, Record on Appeal. 4 pp. 5-7, Ibid. 5 pp. 8-9, Ibid.

6 p. 10, Ibid. 7 pp. 13-16, Ibid.

8 pp. 16-19, Ibid. 9 pp. 26-28, Ibid. 10 Citing Yu Lay vs. Galme 40 Phil. 651.

11 Luzon Rubber & Mfg. Co. vs. Estaris, 52 SCRA 391; see also Strachan & McMurray, Ltd. vs. Court of Appeals, 62 SCRA 113. 12 Luzon Rubber & Mfg Co. vs. DEstaris, supra.

13 Section 7, Rule 40, Rules of Court. Reproduction pleadings on appeal.-Except in summary proceedings under Section 17 of Rule 5, upon the docketing of the case under appeal, it shall be the duty of the clerk of the court to notify the parties of that fact by registered mail. Thereupon, the pleadings filed in the justice of the peace or municipal court shall be considered reproduced in the Court of First Instance.

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