Cases involving: Civil case for damages based on violations of the Franchise agreements

1. Pepsi Co Inc. vs. Emerald Pizza, Inc. GR no. 153059, August 14, 2007 Doctrine: On the proper party to implead: In a civil case for damages based on violations of the franchise agreements, it is essential to implead as proper party, the actual signatory to the contract, the parent company alone would not suffice. Factual antecedents. Emerald Pizza as franchisee of Pizza hut (owned by Pepsi Co) filed a breach of the franchise against the latter. However, in the civil action, it impleaded Pepsi Co. The latter filed for a dismissal of the case on the ground that it is not a signatory to the franchise agreement. Ruling: Dismissal of an action, and the remedy is to implead the non-party claimed to be indispensable. No final ruling on this matter can be had without impleading Pizza Hut, its inclusion is necessary for the effective and complete resolution of the case and in order to accord all parties the benefit of due

2. Divinagracia vs. Consolidated Broadcasting System