Pepsi Cola vs Court of Appeals

Facts: The case is a petition for review and certiorari by the petitioner upon
the denial by the lower and appellate court on their motion for
reconsideration for the postponement of the hearing due to unavailability of
their witnesses and for declaring that the petitioner waived its right to
present evidence in support to its defense. The case began from the civil
action filed by private respondents who won from the Pepsi Number Fever
Promotion" sponsored by petitioner Pepsi Cola Products Philippines, Inc.,
wherein numerous holders of the supposedly winning "349" crowns were not
honored and paid by petitioner due to an alleged mistake in the security
codes in the crowns. While the private respondents are finished presenting
their evidence, the petitioner continues to file a motion for postponement
due to unavailability of witnesses. The schedule for presentation of evidence
began on May 28, 1993 and with frequent postponement, the court issued a
warning to the petitioners counsel that the scheduled hearing on January
20, 1995 shall be intransferrable . Despite said warning, petitioner moved for
postponement again which motion was denied by the court for unreasonable
delay on the case. The court of appeals affirmed the said decision hence this
petition for certiorari
ISSUE: Whether or Not the court erred in denying the petitioners motion
for reconsideration.
RULING: The court held that the petitioner was given ample time to prepare
for their witnesses causing the trial to take up to two years due to their
motion for postponement and reminded the counsel of the petitioner that
they have the duty to give proper administration of justice without any delay
and dismissed the petition for lack of merit.