THE Court of Appeals cleared comedian Jose Manalo of civil liability in a multimillion-peso case involving his estranged wife Annalyn.
In a resolution dated March 28, the CA dismissed with finality the petition seeking to implead and bind Manalo in the P50-million compromise agreement between Annalyn and businessman Froilan Clemente Jr. over an unpaid debt.
The CA dismissed the motion for reconsideration filed by Clemente seeking reversal of its decision issued in December last year, which voided the contract.
It stood firm with its earlier ruling that the comedian was 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,” read the ruling penned by Associate Justice Ma. Luisa Quijano-Padilla.
“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 stated.