CAPITAL SHOES FACTORY, LTD., Petitioner, v. TRAVELER KIDS, INC., Respondent.
G.R. No. 200065, September 24, 2014. MENDOZA, J.:
FACTS
In 2000, petitioner Capital Shoes Factory Ltd., (CSFL), a foreign corporation engaged in
the manufacturing and trading of children's shoes and similar products, and respondent Traveller
Kids, Inc. (TKI), a domestic corporation engaged in the business of manufacturing, importing
and distributing shoes, sandals and other footware entered into an agreement, wherein they
agreed that TKI would import the shoes and sandals made by CSFL from its China factory. After
TKI placed numerous purchase orders, CSFL began manufacturing the goods pursuant to the
special designs and specifications of TKI. CSFL then shipped the goods to TKI.
For the first three years, TKI was able to pay its purchase orders and the shipments made
by CSFL. In 2004, however, TKI started to default in its payments. CSFL granted numerous
concessions and extensions to TKI. Thereafter, TKI was able to make a partial payment on its
unpaid accounts. As of July 10, 2005, the total unpaid accounts of TKI amounted to U.S.
$325,451.39, exclusive of the interest accruing thereto.
CSFL filed a complaint for collection of sum of money and damages against TKI before
the RTC. During the trial, CSFL, through its witness, identified several sales invoices and order
slips it issued as evidence of its transactions with TKI. The latter objected to the identification
pointing out that the documents being presented were mere photocopies. RTC noted the
objections.
The RTC issued the Order admitting all the exhibits offered by CFSL. TKI filed a motion
for reconsideration arguing that the exhibits formally offered by CSFL were inadmissible in
evidence for being mere photocopies. RTC denied the MR stating that the sales invoices and
order slips could be admitted because the duplicate originals of the invoices were already
sufficiently established by the testimony of CSFL’s officer and principal witness, Ms. Susan
Chiu (Chiu).
TKI opted to file a petition for certiorari with prayer for Temporary Restraining
Order (TRO) and/or Writ of Preliminary Injunction before the CA. CA rendered a decision
partially granting TKI’s petition. It ruled that Exhibits “D” to “GG-1” and “HH” to “KK-1”
should be denied admission for being merely photocopies.
ISSUE: Whether or not the evidence presented are admissible.
RULING: Yes. The evidence is considered duplicate originals.
Section 4(b), Rule 130 of the Rules of Court reads:
Sec. 4 . Original of document. —
xxxx
(b) When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.
The transcripts of stenographic notes (TSNs) clearly show that Chiu convincingly
explained that CSFL usually prepared two (2) copies of invoices for a particular transaction,
giving one copy to a client and retaining the other copy. The Court combed through her
testimony and found nothing that would indicate that the documents offered were mere
photocopies. She remained firm and consistent with her statement that the subject invoices were
duplicate originals as they were prepared at the same time. The Court sees no reason why
Section 4(b), Rule 130 of the Rules of Court should not apply. At any rate, those exhibits can be
admitted as part of the testimony of Chiu.
The Court went over the RTC records and the TSNs and found that, contrary to the assertion of
TKI, the duplicate originals were produced in court and compared with their photocopies during
the hearing before the trial court. The transcripts bare all of these but were missed by the
appellate court, which believed the assertion of TKI that what were produced in court and
offered in evidence were mere photocopies. The TSNs further reveal that after the comparison,
the photocopies were the ones retained in the records.
Wherefore, Resolution of the Court of Appeals in CA-G.R. SP No. 120413, are
hereby REVERSED and SET ASIDE insofar as the exclusion of Exhibits “D” to “GG-1” and
“HH” to “KK-1” are concerned.