Requisites of a Third- (Fourth-, etc.) Party Action

Question 1

Elements of a Third- (Fourth-, etc.) Party Action / Complaint

Answer 1

(A) The party to be impleaded as third-party defendant must not yet be a party to the action;

(B) The claim against the third-party defendant should belong to the original defendant;

(C) The third-party plaintiff’s claim against the third-party defendant must be based upon the original plaintiff’s claim against the former (see flashcards on Requisites on “substantive basis”); and

(D) The third-party plaintiff/original is attempting to transfer to the third-party defendant the liability asserted against him by the original plaintiff.

LEGAL BASIS: Philtranco Services Inc. vs. Paras, G.R. No. 161909, 25 April 2012