Title
De Mesa vs. Pepsi Cola Products Philippines, Inc.
Case
G.R. No. 153063-70
Decision Date
Aug 19, 2005
Pepsi's "Number Fever" promotion led to lawsuits after "349" bottle caps were mistakenly announced as winners. Courts dismissed claims, citing stare decisis due to identical issues in prior cases.

Case Summary (G.R. No. 153063-70)

Facts of the Case

The controversy centers around a promotional campaign run from February 17 to May 8, 1992, in which bottle caps bearing specific numbers were used as entries. A consulting firm, D.G. Consultores, was engaged to determine winning numbers through a random selection method approved by the Department of Trade and Industry (DTI). Initially, 1,000 numbers were seeded, with 60 identified as winners. Due to the campaign's success, an extension was granted, leading to an announcement of "349" as a winning number. However, a subsequent communication from a marketing manager indicated a mistake in the announcement related to security code issues, leading PCPPI not to honor the claims associated with that number.

Initial Complaints and Judicial Proceedings

Following the announcement issue, numerous holders of the number "349" filed complaints for specific performance and damages against PCPPI and PepsiCo. These cases included Mendoza v. Pepsi-Cola Products, which was eventually dismissed by the RTC, and Rodrigo v. Pepsi-Cola Products, which also faced a similar fate upon appeal. The petitioners, in filing their complaints, sought to adopt testimonies and documentary evidence previously submitted in earlier cases and subsequently requested to archive their cases until the resolutions of the Mendoza and Rodrigo appeals.

Motion to Dismiss and RTC Ruling

Upon the finality of the Rodrigo case on February 5, 2002, the respondents filed a motion to dismiss the petitioners’ complaints on the grounds of stare decisis, arguing that the underlying facts and legal issues were the same as those dealt with in Mendoza and Rodrigo. The RTC granted this motion, asserting that applying the principle of stare decisis was warranted as the legal rights, the relations of parties, and the substantive issues mirrored earlier adjudicated cases.

Petitioners' Arguments and Respondents' Counterarguments

In their petition for review, the petitioners argued against the applicability of res judicata, claiming no identity of parties existed between their complaints and those in the Mendoza and Rodrigo decisions. They contended that the dismissal was premature due to a prior agreement to await the decisions on the other cases and sought a reevaluation of the promotion's contractual terms. Conversely, the respondents maintained that the complaints were guided by the same factual and legal grounds as

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