Title
Western Sales Trading Co., Inc. vs. 7D Food International, Inc.
Case
G.R. No. 233852
Decision Date
Sep 15, 2021
A dispute over a verbal exclusive distributorship agreement between 7D and WSTC Guam/Philippines led to claims of breach and forum shopping. The Supreme Court remanded the case for further proceedings, citing insufficient evidence and emphasizing proper authentication of foreign documents.

Case Summary (G.R. No. 233852)

Relevant Dates and Procedural Background

  • Complaint filed by 7D in 2012 for breach of contract and related claims against WSTC Guam, WSTC Philippines, and others.
  • RTC Order dismissing the complaint dated April 10, 2013, citing forum shopping and litis pendentia.
  • RTC denial of motions for reconsideration dated April 13, 2015.
  • CA Decision dated April 27, 2017, reversing RTC dismissal and remanding case for further proceedings.
  • CA Resolution dated August 16, 2017, denying petitioners’ motion for reconsideration.
  • Present petition for review on certiorari filed by petitioners with the Supreme Court.

Applicable Law

The case is governed primarily by the 1987 Philippine Constitution and the Rules of Court, particularly Rule 45 (Appeal by Petition for Review on Certiorari), Rules 13 (Filing and Service), 50 (Dismissal of Appeal), 129 (Judicial Notice), and 132 (Rules on Evidence regarding authentication and proof of documents).

Nature of the Dispute and Claims

7D alleged that petitioners violated their verbal agreement granting exclusive distributorship of 7D mango products in Guam and Hawaii. Petitioners denied this, asserting that their contract had expired, that they did not engage in prohibited sales, and that the dispute had already been subject of pending litigation in courts of Guam and Hawaii. Petitioners also asserted that WSTC Guam was not doing business in the Philippines and contended improper service of summons. They sought dismissal based on forum non conveniens and counterclaimed for damages.

RTC Decision and Rationale

The Regional Trial Court dismissed the complaint citing forum shopping and litis pendentia, premised upon pendency of related cases in Guam and Hawaii concerning the distributorship agreement, indicating substantial overlap in parties, causes of action, and reliefs sought that would render a judgment in one jurisdiction res judicata in the other. Furthermore, the RTC found that petitioners’ voluntary appearance waived objections to jurisdiction.

CA Decision and Reasoning

The Court of Appeals reversed the RTC, ruling that the documents evidencing the foreign cases lacked sufficient authentication and evidentiary weight to establish pendency and thus to support the application of forum shopping and litis pendentia doctrines. It held that mere allegations without evidence do not satisfy the factual inquiry necessary. The CA emphasized that Philippine courts cannot take judicial notice of foreign judgments or pleadings without proper proof as required under the Rules on Evidence. The CA also noted the need for factual determination concerning the application of forum non conveniens, which involves weighing public and private factors to ascertain the most appropriate forum, necessitating further proceedings.

Procedural Issues Raised by Petitioners

Petitioners contended that the RTC Order dismissing the case became final and executory due to 7D’s late filing of a motion for reconsideration and that the CA should have dismissed the appeal as untimely. They also challenged the sufficiency of 7D’s Appellant's Brief for failing to make proper references to records. The Supreme Court analyzed the rules on service and reckoning of appeal periods, applying the pre-2019 Rules of Court (as the events occurred before the 2019 amendments), concluding that service upon any counsel of record constituted notice to the party and other counsel. Therefore, the 15-day period to file a motion for reconsideration ran from the earliest date of receipt by any counsel, rendering 7D’s motion timely. Regarding the Appellant’s Brief defect, the Court acknowledged the discretion of the appellate court to overlook minor formal defects in favor of substantial justice.

Authentication and Proof of Foreign Pleadings

The Supreme Court clarified that pleadings and decisions from foreign courts are not subject to judicial notice and must be proven as facts following Rules on Evidence. They are akin to private documents requiring authentication establishing genuine execution before such foreign pleadings may be admitted as evidence. Allegations or admissions in a party’s pleadings regarding the existence of foreign cases do not constitute judicial admissions sufficient to dispense with evidentiary proof of authenticity. Judicial admissions must be clear, deliberate, and pertain to facts within the party’s knowledge, not legal conclusions or allegations. Thus, mere acknowledgment of foreign cases pending does not amount to an admission of the veracity or authenticity of foreign pleadings attached.

Legal Concepts: Litis Pendentia, Res Judicata, and Forum Shopping

The Court reiterated established jurisprudence defining litis pendentia as the existence of another pending action between the same parties involving the same cause of action, satisfying three requisites: identity of parties, identity of rights and reliefs claimed founded on the same facts, and identity of issues such that judgment in one case precludes the other. Res judicata bars subsequent suits when there is a final judgment on the merits by a competent court involving the same parties, subject matter, and causes of action. Forum shopping involves

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