The parties agreed further that anay would be

This preview shows page 8 - 10 out of 71 pages.

name in securing distributorship of cookware from that company. Theparties agreed further that Anay would be entitled to: (1) ten percent(10%) of the annual net profits of the business; (2) overriding commissionof six percent (6%) of the overall weekly production; (3) thirty percent(30%) of the sales she would make; and (4) two percent (2%) for herdemonstration services. The agreement was not reduced to writing on thestrength of Belos assurances that he was sincere, dependable and honestwhen it came to financial commitments.Anay having secured the distributorship of cookware products fromthe West Bend Company and organized the administrative staff and thesales force, the cookware business took off successfully. They operatedunder the name of Geminesse Enterprise, a sole proprietorship registeredin Marjorie Tocaos name, with office at 712 Rufino Building, Ayala Avenue,Makati City. Belo made good his monetary commitments to Anay.Thereafter, Roger Muencheberg of West Bend Company invited Anay tothe distributor/dealer meeting in West Bend, Wisconsin, U.S.A., from July19 to 21, 1987 and to the southwestern regional convention in PismoBeach, California, U.S.A., from July 25-26, 1987. Anay accepted theinvitation with the consent of Marjorie Tocao who, as president andgeneral manager of Geminesse Enterprise, even wrote a letter to the VisaSection of the U.S. Embassy in Manila on July 13, 1987. A portion of theletter reads:Ms. Nenita D. Anay (sic), who has been patronizing and supporting West Bend Co. for twenty (20) years now, acquired the distributorship of Royal Queen cookware for Geminesse Enterprise, is the Vice President Sales Marketing and a business partner of our company, will attend in response to the invitation. (Italics supplied.)[3]
Anay arrived from the U.S.A. in mid-August 1987, and immediatelyundertook the task of saving the business on account of theunsatisfactory sales record in the Makati and Cubao offices. On August31, 1987, she received a plaque of appreciation from the administrativeand sales people through Marjorie Tocao[4]for her excellent jobperformance. On October 7, 1987, in the presence of Anay, Belo signed amemo[5]entitling her to a thirty-seven percent (37%) commission for herpersonal sales "up Dec 31/87. Belo explained to her that said commissionwas apart from her ten percent (10%) share in the profits. On October 9,1987, Anay learned that Marjorie Tocao had signed a letter[6]addressed tothe Cubao sales office to the effect that she was no longer the vice-president of Geminesse Enterprise. The following day, October 10, shereceived a note from Lina T. Cruz, marketing manager, that Marjorie Tocaohad barred her from holding office and conducting demonstrations in bothMakati and Cubao offices.[7]Anay attempted to contact Belo. She wrotehim twice to demand her overriding commission for the period of January8, 1988 to February 5, 1988 and the audit of the company to determineher share in the net profits. When her letters were not answered, Anayconsulted her lawyer, who, in turn, wrote Belo a letter. Still, that letterwas not answered.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture