Title
Agro Food and Processing Corp. vs. Vitarich Corp.
Case
G.R. No. 217454
Decision Date
Jan 11, 2021
Agro and Vitarich disputed toll fee amendments made verbally by Agro’s Finance Manager without board approval. Court upheld amendments under apparent authority, ruling Agro bound by its conduct.

Case Digest (G.R. No. 217454)
Expanded Legal Reasoning Model

Facts:

  • Parties and Agreements
    • On October 5, 1995, Agro Food and Processing Corp. (Agro) and Vitarich Corporation (Vitarich) executed:
      • A Memorandum of Agreement (MOA) for Vitarich to buy Agro’s Bulacan chicken dressing plant.
      • A Toll Agreement for Agro to dress chickens supplied by Vitarich at agreed rates (₱7.50/kg fresh chilled; ₱7.50/kg neckless; ₱5.50/kg gallantina).
    • Vitarich paid a ₱20 million deposit under the MOA and had 45 days to evaluate the plant; Agro declined the purchase offer at period’s end, obliging return of the deposit.
  • Deposit Offset and Verbal Amendments
    • Parties agreed to offset the ₱20 million deposit via deductions equal to 15% of weekly gross toll billing.
    • From 1996 to 1997, Agro’s Finance Manager, Chito del Castillo, and Vitarich allegedly agreed to three verbal rate reductions:
1) First amendment: ₱6.75/kg fresh chilled & neckless; ₱4.95/kg gallantina. 2) Second amendment: ₱6.05/kg fresh chilled & neckless; ₱4.55/kg gallantina. 3) Third amendment: ₱5.75/kg fresh chilled & gallantina; with corresponding deduction rates reduced from 15% to 10% and later 7.5%.
  • Vitarich also sold live broiler chickens on credit to Agro during this period.
  • Judicial Proceedings
    • Vitarich filed a complaint (circa 1998) claiming:
      • ₱4,770,916.82 plus interest (balance of deposit).
      • ₱4,322,032.36 plus interest (balance on live broiler sales).
    • Agro counterclaimed for ₱25,430,292.72 representing underpaid toll fees under the original rates.
    • RTC, Branch 83, Malolos City (December 29, 2005):
      • Held verbal amendments not binding for lack of corporate board authority and documentary signature.
      • Dismissed Vitarich’s deposit claim.
      • Granted Agro’s counterclaim of ₱25,430,292.72 plus interest.
    • Court of Appeals (August 28, 2014):
      • Set aside the RTC decision.
      • Held verbal amendments binding under principle that contracts bind “in whatever form entered.”
      • Applied doctrine of apparent authority, citing 89 Agro-prepared weekly billings and del Castillo’s testimony.
      • Ordered Agro to pay Vitarich ₱4,734,906.57 (deposit balance) and ₱3,989,851.82 (live broilers) plus 24% interest.
    • CA Resolution (March 9, 2015): Denied Agro’s motion for reconsideration.
    • Agro filed this Petition for Review on Certiorari before the Supreme Court.

Issues:

  • Whether the Court of Appeals erred in applying the doctrine of apparent authority to bind Agro to verbal amendments not ratified by its board of directors.
  • Whether the Court of Appeals erred in admitting parol evidence to prove the verbal amendments to the Toll Agreement.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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