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Unformatted text preview: in the instant suit, setting forth the
facts upon which it relies for a judgment on its note and the foreclosure of its mortgage, copies of which
should be served upon the defendants.
Eugenio v. CA, 239 SCRA 207 (1994) LIM
FACTS: 64 Private respondent PepsiCola Bottling Company of the Philippines, Inc. is engaged in the business of
manufacturing, making bottling and selling soft drinks and beverages to the general public. Petitioner Nora
S. Eugenio was a dealer of the soft drink products of private respondent corporation. Although she had only
one store located at 27 Diamond Street, Emerald Village, Marikina, Metro Manila, Eugenio had a regular
charge account in both the Quezon City plant (under the name "Abigail Minimart") as well as in the
Muntinlupa plant (under the name "Nora Store") of respondent corporation. Her husband and copetitioner,
Alfredo Y. Eugenio, used to be a route manager of private respondent in its Quezon City plant.
On March 17, 1982, private respondent filed a complaint for a sum of money against petitioners Nora S.
Eugenio and Alfredo Y. Eugenio. In its complaint, respondent corporation alleged that on several occasions
in 1979 and 1980, petitioners purchased and received on credit various products from its Quezon City plant.
As of December 31, 1980, petitioners allegedly had an outstanding balance of P20,437.40 therein. Likewise,
on various occasions in 1980, petitioners also purchased and received on credit various products from
respondent's Muntinlupa plant and, as of December 31, 1989, petitioners supposedly had an outstanding
balance of P38,357.20 there. In addition, it was claimed that petitioners had an unpaid obligation for the
loaned "empties" from the same plant in the amount of P35,856.40 as of July 11, 1980. Altogether,
petitioners had an outstanding account of P94,651.00 which, so the complaint alleged, they failed to pay
despite oral and written demands.
In their defense, petitioners presented four trade provisional receipts (TPRs) allegedly issued to and received
by them from private respondent's Route Manager Jovenci...
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This document was uploaded on 03/11/2014.
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