Cross-claim against a joint tortfeasor cannot be set up on appeal

Two common carriers were jointly held liable for the damage suffered by a shipper. The shipment was hijacked while the goods were being delivered. However, the customs broker, one of the common carriers, failed to set up a cross claim against the trucking company, the other common carrier. The customs broker only set up the cross claim on appeal, and argued that it can do so because it is not proscribed by the rules.

The Supreme Court said no. A cross claim not set up is barred under Section 2, Rule 9 of the 1997 Rules of Civil Procedure; consequently, it cannot be set up for the first time on appeal. (Loadmasters v. Glodel, G.R. No.  179446, January 10, 2011)

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