Now revealed after 17 years  

Judicial Decision in February 4, 1994

Could Have Ended the Promo Controversy Earlier 

This week marks the 16th year of the 1992 Number Fever scandal which erupted with the announcement of the winning number combination "349" as winning number that evening on ABS-CBN TV Patrol.

That fever turned into a nightmare for the product  which has earned P5 billion in sales out of some 808,038 caps seeded during the highly successful promotion of that multinational company.

A new people's power composed of poor marginalized consumers took to the street before the company's bottling plants all over the country to ventilate their protest for weeks on the company for withholding their prizes which they believed was enough to liberate them from poverty.

Leading the saga  of 16 years  for  349 cap holders is sustained by  an empowered  consumers  NGO, Coalition for Consumers Protection &Welfare  (formerly Coalition 349) organized by the promo victims themselves who were lured into joining the promotion through the massive radio-TV-print-campaign of Ogilvy& Mathers, a US advertising agency.

Since that fateful evening of May25, 1992, the Coalition has undertaken an odyssey that included the direct dialogue with the company in New York, the filing of a $500 million class action suit   in Brooklyn, New York and the various international congress where the Philippine consumers articulated their cause on the multinational company evading its liability to the poor consumers, a litmus test of how the organization regard its social responsibility.

The 16 years controversy could have ended as early as February 4, 1994 in favor of the 349 cap holders when the late Judge Valentin Cruz of Branch 8 of Malolos, Bulacan ordered the soft drink company to pay the 349 claims plus interest of nursing student Jowel Roque of Pandi Bulacan.

This decision was enough to serve as gateway for thousands of 349 claimants to receive their prizes with interest.

To block this from becoming a judicial precedent at that time, it was appealed before the Court of Appeals which ordered a re-trial in the court of origin for further proceedings as per CA resolution on July 17, 1996.

Ironically, the counsel of the winner was aware of this but never opposed the appeal before the CA, and the motion to suspend preceding once the case was returned for re-trial and further proceedings, as cited by the US Company in its appeal.

Later, the multinational company moved for dismissal of the 349 case on March 2, 2002 without any objection from he counsel, thus suppressing the early resolution of the controversy.

Certified true copies of the legal manipulation of the judicial decision by the company and the two years trial transcripts of the Romulo Rodrigo case in Branch 50 of Manila Regional Trial Court under Judge Urbano Victorio Sr.  which proclaimed a no liability judgment on the company which was not substantiated during the trial but by polluted self serving witnesses composed  of employees and executives of the  beverage company.

 

This was again elevated to the Court of Appeals which upheld the arguments of the company, without going into the actual trail transcript of the case in Branch 50 Manila Court.

The Supreme  Court 3rd division Clerk of Court - Lucita Abjelina Soriano said that the justices upheld  the CA ruling through a mere  "minute resolution", without any comment or remark from the justices of the 3rd division.

The Coalition for Consumers Protection & Welfare (formerly Coalition 349 is  constantly in touch with it US  advisers to expose  the obstruction of justice in the 16 year battle  of  Philippine consumers.

Other details may be seen at its website www.pepsi349.com.

 For more details:

Refer to Coalition for Consumers Protection & Welfare

vicdelfierrojryahoo.com, www.pepsi349.com tel.