|
Friday, April 30, 2004
Couple wins suit over tainted beer
AFTER more than 10 years, the battle over a bottle of a Gold Eagle Beer Mucho is over.
The Court of Appeals has decided that San Miguel Corp. (SMC) is liable for the manufacture, sale and distribution of an adulterated Gold Eagle beer, which contained a foreign object, in 1993.
According to a nine-page decision, spouses Ignacio and Teresa Capinpin filed with the Bureau of Food and Drugs (Bfad) a complaint against SMC alleging that a bottle of Gold Eagle Mucho contained a foreign matter.
Although SMC denied this, citing its adherence to the strictest quality control, Bfad 7 Director Quintin Kintanar found the firm liable and ordered it to pay P5,000 in administrative fine and P142,884 in attorney’s fees and legal costs.
Withdrawal
SMC then filed a motion stating its intention to file a petition for review on certiorari before the Supreme Court.
However, before the period to file the petition was over, San Miguel withdrew its motion, prompting the High Court to rule that the decision has become final and executory.
The Capinpin couple then filed with the Department of Health a position paper, which detailed their expenses in filing the suit amounting to more than P600,000. This was to be reimbursed by San Miguel.
But the Bfad only allowed the reimbursement of P142,884. Former health secretary Manuel Dayrit subsequently affirmed the order.
SMC then went to the Court of Appeals to seek a reversal of the Bfad order and Dayrit’s decision.
In excess
The firm alleged that Dayrit and Bfad acted in excess of its jurisdiction when it granted the spouses an amount to claim from San Miguel and that their orders conflicted.
But Court of Appeals Associate Justice Bienvenido Reyes ruled that the petition simply invited an outright dismissal, pointing out that the Supreme Court had already ruled with finality on the issue.
He said that what was awarded by Bfad and the health department was not in damages but by way of a reimbursement of the couple’s litigation expense.
Associate Justices Conrado Vasquez Jr. and Arsenio Magpale concurred with the decision. GAN
(April 30, 2004 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
