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By Jomar Canlas, Reporter
THE Supreme Court junked the plea of “Pepsi
349” claimants who sought damages from the softdrinks company for
the “anguish” they suffered after failing to get the bonanza
related to the promo of the controversial softdrink crown.
In a 10-page ruling penned by Associate Justice
Renato Corona, the High Court dismissed the petition for review
filed by at least 100 holders of the Pepsi 349 crown from Cebu
headed by Aurelio Cabigon, Melanie Alesna and Solomon Rigonan.
The High Court said it sees no merit in their
petition which would warrant a reversal of the Court of Appeals
decision that dismissed the petition of the claimants.
The appellate court junked on February 24, 2004,
and March 21, 2005, the ruling of a Cebu City Regional Trial Court (RTC)
which granted the award of P30,000 each in moral and exemplary
damages to each claimant.
The five-man tribunal ruled that they based
their decision from the other similar Pepsi 349 cases from the
entire Philippines, and gave respect to an earlier ruling of the
High Court on another Pepsi 349 case under the principle of “stare
decisis.”
Under “stare decisis,” a ruling which was
decided by the same court must be given respect and shall remain
undisturbed.
In July 2007, the High Court junked the plea of
a group of 349 claimants and exonerated Pepsi Cola Products
Philippines Inc. (PCPPI) from paying damages. The decision set aside
an earlier order of the a Quezon City RTC and the appellate court
which ordered the company to pay moral damages to claimants Efren
Espiritu, Lourdes Crisostomo, Aurora Buenaventura, Armando Enriquez,
Jane Geronimo and Victorino Alcano.
The High Court also argued that its decisions in
the cases of Mendoza v. PCPPI and Rodrigo v. PCPPI attained finality
and must be considered in order to have stability in their rulings.
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