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* THIRD DIVISION.
747
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8/30/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
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751
former the sum equivalent to 22% of the net profit of P8,000.00 per day
from the time of judicial demand, until fully paid, plus the sum of
P5,000.00 as and for attorneys fees and costs of suit.
752
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8/30/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
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8/30/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
Art. 1144. The following actions must be brought within ten years
from the time the right of action accrues:
755
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8/30/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 169
756
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757
Counsel for the defendant admitted that the sales of Sun Wah
were registered or recorded in the daily sales book. ledgers,
journals and for this purpose, employed a bookkeeper. This
inspired the Court to ask counsel for the defendant to bring
said records and counsel for the defendant promised to bring
those that were available. Seemingly, that was the reason why
this case dragged for quite sometime. To bemuddle the issue,
defendant instead of presenting the books where the same, etc.
were recorded, presented witnesses who claimed to have supplied
chicken, meat, shrimps, egg and other poultry products which,
however, did not show the gross sales nor does it prove that the
same is the best evidence. This Court gave warning to the
defendants counsel that if he failed to produce the books, the
same will be considered a waiver on the part of the defendant to
produce the said books inimitably showing decisive records on
the income of the eatery pursuant to the Rules of Court (Sec.
5(e) Rule 131). Evidence willfully suppressed would be adverse if
produced. " (Rollo, p. 145)
The records show that the trial court went out of its way
to accord due process to the petitioner.
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758
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o0o
760
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