Case Digest (G.R. No. 164757)
Facts:
- The dispute is between Cebu Metro Pharmacy, Inc. (petitioner) and Euro-Med Laboratories Philippines, Inc. (respondent) over payment for intravenous fluids.
- On February 19, 2001, Euro-Med filed a Complaint for Sum of Money against Cebu Metro before the Municipal Trial Court in Cities (MTCC) of Cebu City.
- Euro-Med sought to recover P120,219.88 plus interest, liquidated damages, and attorney's fees for products purchased by Cebu Metro.
- Cebu Metro admitted the obligation but raised defenses, including unauthorized contract claims and laches.
- Cebu Metro alleged fraud by Euro-Med's branch and salesman in collusion with its former president and manager, Manolito Martinez.
- The MTCC ruled in favor of Euro-Med on May 6, 2003, ordering Cebu Metro to pay P117,219.88 plus interest, attorney's fees, and litigation expenses.
- Cebu Metro's appeal to the Regional Trial Court (RTC) was dismissed on April 1, 2004, affirming the MTCC's decision.
- Cebu Metro filed a Petition for Review with the Court of Appeals (CA), which was dismissed due to improper verification and certification of non-forum shopping.
- The CA denied Cebu Metro's Motion for Reconsideration on June 30, 2004, despite the inclusion of a Secretary's Certificate.
- Cebu Metro filed a Petition for Review on Certiorari with the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing and setting aside the CA's resolutions dated May 6, 2004, and June 30, 2004. ...(Unlock)
Ratio:
- The Supreme Court held that the President and Manager of a corporation, such as Carmel T. Albao, has the authority to sign the verification and certification of non-forum shopping without needing a written authority from the board.
- The Court cited previous rulings recognizing the ...continue reading
Case Digest (G.R. No. 164757)
Facts:
The case involves a dispute between Cebu Metro Pharmacy, Inc. (petitioner) and Euro-Med Laboratories Philippines, Inc. (respondent) over the payment for intravenous fluids products. On February 19, 2001, Euro-Med filed a Complaint for Sum of Money against Cebu Metro before the Municipal Trial Court in Cities (MTCC) of Cebu City, seeking to recover P120,219.88 plus interest, liquidated damages, and attorney's fees for products purchased by Cebu Metro. Cebu Metro admitted the obligation but raised defenses, including the claim that the contract was unauthorized as it was entered into by its former president and manager, Manolito Martinez, without board approval, and that the complaint was barred by laches. Cebu Metro also alleged fraud by Euro-Med's branch and salesman in collusion with Martinez.
The MTCC ruled in favor of Euro-Med on May 6, 2003, ordering Cebu Metro to pay P117,219.88 plus interest, attorney's fees, and litigation expenses. Cebu Metro's appeal to the Regional Trial Court (RTC) was dismissed on April 1, 2004, affirming the MTCC's decision. Cebu Metro then filed a Petition for Review with the Court of Appeals (CA), which was dismissed due to the verification and cer...