or inexistent. As far as Belo was concerned, his only role was to introduce Anay to
Marjorie Tocao. There could not have been a partnership because, as Anay herself
admitted, Geminesse Enterprise was the sole proprietorship of Marjorie Tocao.
Because Anay merely acted as marketing demonstrator of Geminesse Enterprise for an
agreed remuneration, and her complaint referred to either her compensation or
dismissal, such complaint should have been lodged with the Department of Labor and
not with the regular court.
Petitioners (defendants therein) further alleged that Anay filed the complaint on
account of ill-will and resentment because Marjorie Tocao did not allow her to lord it
over in the Geminesse Enterprise. Anay had acted like she owned the enterprise
because of her experience and expertise. Hence, petitioners were the ones who
suffered actual damages including unreturned and unaccounted stocks of Geminesse
Enterprise, and serious anxiety, besmirched reputation in the business world, and
various damages not less than P500,000.00. They also alleged that, to vindicate their
names, they had to hire counsel for a fee of P23,000.00.
At the pre-trial conference, the issues were limited to: (a) whether or not the plaintiff
was an employee or partner of Marjorie Tocao and Belo, and (b) whether or not the
parties are entitled to damages.[10]
In their defense, Belo denied that Anay was supposed to receive a share in the
profit of the business. He, however, admitted that the two had agreed that Anay would
receive a three to four percent (3-4%) share in the gross sales of the cookware. He
denied contributing capital to the business or receiving a share in its profits as he
merely served as a guarantor of Marjorie Tocao, who was new in the business. He
attended and/or presided over business meetings of the venture in his capacity as a
guarantor but he never participated in decision-making. He claimed that he wrote the
memo granting the plaintiff thirty-seven percent (37%) commission upon her dismissal
from the business venture at the request of Tocao, because Anay had no other income.
For her part, Marjorie Tocao denied having entered into an oral partnership
agreement with Anay. However, she admitted that Anay was an expert in the cookware
business and hence, they agreed to grant her the following commissions: thirty-seven
percent (37%) on personal sales; five percent (5%) on gross sales; two percent (2%) on
product demonstrations, and two percent (2%) for recruitment of personnel. Marjorie
denied that they agreed on a ten percent (10%) commission on the net profits. Marjorie
claimed that she got the capital for the business out of the sale of the sewing machines
used in her garments business and from Peter Lo, a Singaporean friend-financier who
loaned her the funds with interest. Because she treated Anay as her co-equal, Marjorie
received the same amounts of commissions as her. However, Anay failed to account for
stocks valued at P200,000.00.
On April 22, 1993, the trial court rendered a decision the dispositive part of which is
as follows:
WHEREFORE, in view of the foregoing, judgment is hereby rendered: