Decoding the Pepsi Code in Suppressing
349 Winning Precedent Case in 1994

 

As early as 1994, the Pepsi case could have ended with the consumers as winners. Its main victories are riveted on the official fact finding investigations conducted by the Department of Trade Task Force conducted in June1992, the Senate Committee of Trade investigations and report headed by then Senator now President Gloria Macapagal-Arroyo, in 1992 -1993 and released in June 1993, the QC Prosecutors investigations and report in 1993 an the minutes of the Congressional inquiry on the Pepsi Number Fever of 1992 done in February and March 1993.

 

These official reports with the documentary evidences of TV of number fever promotions, posters and advertisements are more than enough to validate a victory for consumers.

 

As a matter of fact, a case of Jowell Roque in Malolos Bulacan should have been the precedent that would pronounce victory of the poor consumers as early as 1994.

Judge Valentin Santos rendered a victory for Jowell Roque, a 349 claimant from Bulacan.

The prosecution lawyer, by merely requesting the court to take judicial notices of the facts as borne in the official fact finding investigations ordered Pepsi to pay the prize and the damages plus attorney’s fees.

The court decision was appealed to the Court of Appeals which was asked to remand (return) the case to Malolos Court , for more substantial court proceedings. After two years it was returned to the original court for trial once more.

But Pepsi magicians had another heinous plan. Instead of a trial, they move for a motion to suspend indefinitely the proceedings. . It was granted ex-parte.

After two years, Pepsi Merlin lawyers move or the dismissal of the winning 349 case e ex-parte. This prevented the winning case of 1994 to be used as precedent.

What can you say about this ingenuity in suppressing winning cases? “Ang galling”. This is a template for a class action without any re-trial on the merit which was the main issue why Pepsi sought the case to be remanded back..

 

The lawyers of the multinational Pepsi can frustrate and corrupt winning cases. This has been documented and if presented for investigation   in court can be fully authenticated easily.