Case Summary (G.R. No. 209906)
Key Dates
- Incident: March 28, 1995
- RTC Decision: October 29, 2007
- CA Decision: April 22, 2013
- CA Resolution (denying reconsideration): October 11, 2013
- Supreme Court Decision: November 22, 2017
Applicable Law
- 1987 Philippine Constitution
- Civil Code of the Philippines, Articles 2187 (liability for harmful substances), 2176–2186 (quasi-delicts), 2208 (attorney’s fees), 2219–2220 (moral damages), 2231 (exemplary damages)
- Republic Act No. 3720, as amended (Food and Drugs Act)
Facts and Antecedent Proceedings
On March 28, 1995, MeAez ordered beer, pizza, and a bottled Sprite at Rosante Bar and Restaurant. When he drank through the restaurant’s customary straw, he detected a kerosene odor and experienced throat and stomach burning, followed by vomiting. He carried the bottle outside, where waitresses confirmed its kerosene smell. Traffic assistant Gerardo Ovas, Jr. accompanied MeAez to Silliman University Medical Center, where MeAez was confined for three days. Laboratory analysis by a licensed chemist identified the bottle’s contents as pure kerosene. MeAez filed suit against CCBPI and Rosante, claiming actual, moral, exemplary damages, attorney’s fees, and costs. Rosante denied liability, asserting it simply received the bottled product unopened. CCBPI moved to dismiss for failure to state a cause under Article 2187 and for failure to exhaust administrative remedies under R.A. 3720. At trial, MeAez presented medical and financial evidence of his confinement and subsequent examinations abroad; the case was submitted on memoranda.
RTC Ruling
The Regional Trial Court dismissed the complaint for lack of proof. It emphasized the disrupted chain of custody during the 36-hour period before laboratory examination, the absence of key witnesses, and the implausibility that restaurant employees failed to notice pure kerosene’s odor. The court further held that MeAez must first avail himself of administrative remedies before BFD under R.A. 3720. Both defendants’ counterclaims were also dismissed.
CA Ruling
The Court of Appeals reversed, holding that prior resort to administrative remedies under R.A. 3720 is not a condition precedent to a quasi-delict claim under Article 2187. It found no proof of serious physical injury, denying actual damages. Nonetheless, it awarded MeAez moral damages of ₱200,000, exemplary damages of ₱200,000, attorney’s fees of ₱50,000, and costs, all with statutory interest.
Issues
- Whether moral damages were properly awarded.
- Whether exemplary damages were properly awarded.
- Whether attorney’s fees were properly awarded.
- Whether exhaustion of administrative remedies under R.A. 3720 was required.
Supreme Court Ruling
- Doctrine of Prior Resort. The 1987 Constitution and Article 2187 govern CCBPI’s liability. Quasi-delict claims under Article 2176 et seq., including Article 2187, do not require exhaustion of administrative remedies.
- Moral Damages. Awardable only under the exclusive circumstances enumerated in Articles 2219 and 2220 (e.g., physical injury from quasi-delict). MeAez failed to present clear, credible evidence of physical injuries; medical testimony described only minimal, equivocal adverse effects. Mora
Case Syllabus (G.R. No. 209906)
Procedural History
- Petition for Review on Certiorari under Rule 45 filed by Coca-Cola Bottlers Philippines, Inc. (CCBPI) assailing the Court of Appeals (CA) Decision dated April 22, 2013 and Resolution dated October 11, 2013.
- CA reversed the Regional Trial Court’s (RTC) dismissal of Civil Case No. 11316 and awarded damages in favor of Ernani Guingona Meaez (MeAez).
- CCBPI’s denial of its motion for reconsideration by the CA prompted the present petition to the Supreme Court.
Facts
- MeAez, a research scientist and frequent customer of Rosante Bar and Restaurant in Dumaguete City, ordered beer, pizza, and a bottled “Sprite” served with a straw.
- Upon drinking, he detected a kerosene-like taste and odor, experienced burning in his throat and stomach, and vomited en route to the toilet.
- MeAez presented the bottle to restaurant waitresses, who confirmed the kerosene smell, then took it with him to report the incident to a traffic officer and to seek medical attention at Silliman University Medical Center (SUMC).
- At SUMC, MeAez was confined for three days; a licensed chemist later identified the bottle’s contents as pure kerosene.
- MeAez filed a complaint against CCBPI and Rosante for P3,000,000 actual damages, P4,000,000 moral damages, P500,000 exemplary damages, P100,000 attorney’s fees, and costs of suit.
Defendants’ Positions
- Rosante denied MeAez’s allegations, disputed the vomit incident and the waitresses’ confirmation, and maintained it merely received the bottle sealed by CCBPI.
- CCBPI moved to dismiss on grounds that MeAez failed to allege liability under Article 2187 of the Civil Code and did not exhaust administrative remedies under Republic Act No. 3720 (prior resort to the Burea