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Unformatted text preview: o Estrada of its Malate Warehouse, showing
payments in the total sum of P80,500.00 made by Abigail's Store. Petitioners contended that had the
amounts in the TPRs been credited in their favor, they would not be indebted to PepsiCola.
According to Atty. Azurin (legal counsel of Pepsi), during the investigation on December 4, 1981, Estrada
allegedly denied that he issued and signed the aforesaid TPRs. He also presented a supposed affidavit
which Estrada allegedly executed during that investigation to affirm his verbal statements therein.
Surprisingly, however, said supposed affidavit is inexplicably dated February 5, 1982. At this point, it should
be noted that Estrada never testified thereafter in court and what he is supposed to have done or said was
merely related by Azurin.
RTC held in favor of respondent corporation
CA affirms the RTC decision
W/N the petitioners may be held liable for the amount due in light of the discrepancies in the TPRs
HELD: GRANTED. (RTC/CA decisions reversed)
According to respondent court, "the questioned TPR's are merely 'provisional' and were, as printed at the
bottom of said receipts, to be officially confirmed by plaintiff within fifteen (15) days by delivering the original
copy thereof stamped paid and signed by its cashier to the customer. . . . Defendantsappellants (herein
petitioners) failed to present the original copies of the TPRs in question, showing that they were never
confirmed by the plaintiff, nor did they demand from plaintiff the confirmed original copies thereof."
We do not agree with the strained implication intended to be adverse to petitioners. The TPRs presented in
evidence by petitioners are disputably presumed as evidentiary of payments made on account of petitioners.
There are presumptions juris tantum in law that private transactions have been fair and regular and that the
ordinary course of business has been followed. The role of presumptions in the law on evidence is to relieve
the party enjoying the same of the evidenti...
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This document was uploaded on 03/11/2014.
- Fall '14