San Luis V Rojas
San Luis V Rojas
San Luis V Rojas
Facts:
On 12 July 2001, Berdex, a foreign corporation organized
under USA laws, filed in RTC Pasig a complaint for a sum of
money against petitioner Luis alleging that: (1) Luis received
from Berdex amounts of money partly as advances/loans and
as purchase of 40% shares in Seanet and Seabest Corps., but
no share was transferred to Berdex; and (2) they agreed to
treat all the advances as loan to Luis but he paid only US$20K,
and no further payment was made despite demands. Berdex
prayed that Luis be ordered to pay US$150K.
Issues:
1. Whether or not the petition for certiorari can be dimissed
for failure to attach the documents in the petition. [NO]
2. Whether or not Bredex, a non-resident foreign corporation,
will be allowed to prove the existence of an oral contract
through deposition by written interrogatories of all its
witness taken outside the Philippines. [YES]
Ruling:
I.
In Donato v. Court of Appeals[15], we held:
II.
While herein petitioner prays that the CA be ordered to give
due course to the petition for certiorari filed before it and to
remand the case to the CA for proper disposition, the Court
opts to resolve the sole issue raised in the present petition
which is a pure question of law, i.e.,whether Section 1, Rule
23 of the Rules of Court allows a non-resident foreign
corporation the privilege of having all its witnesses, all
of whom are foreigners, to testify through deposition
upon written interrogatories taken outside the
Philippines to prove an oral contract, in order to avoid
further delay.
We do not agree.