No. L-29887. October 28,1974
FACTS
Polaris instituted a case for the recovery of the price of foam products against Fine Furnitures in the municipal court of Makati however, Fine Furnitures denied all the allegations. The Municipal Court rendered a decision in favor of Polaris. Fine Furnitures appealed to the Court of First Instance of Rizal and presented storekeeper of Trimica, Inc. as witnesses. Torre testified that the foam products were received by Trimica Inc. and the two companies have same office address.
Polaris filed its amended complaint impleading Trimica, Inc. as a defendant and by alleging that Trimica, Inc. and Fine Furnitures were solidarily liable for the price of the foam products. The court absolved Fine Furnitures from any liability and ordered Trimica, Inc. to pay Polaris’ claim Trimica filed a motion to set aside the judgment on the ground that the judgment was void for lack of due process since it was never summoned. The court denied the motion since it had been given its day in court through Capistrano’s admission, its president, that the company used the foam products.