Tuesday, September 23, 2008

Ewan ko ha pero parang sa akin, OA na ito...

I stumbled on this article last week and just want to share.. Basta, parang OA kasi na masyado for me...
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From GMANews.TV

This newly-wed couple thought they could eat their cake and have it to (yes, that's the correct expression).

So they sued a bakeshop for damages, charging that it had "miserably" failed to execute their dream wedding cake, which they wanted to be a copy of one featured in a food magazine.

But the Court of Appeals (CA) junked the case, affirming the ruling made by a Quezon City Regional Trial Court on the complaint filed by spouses Edgardo and Stephanie Abenina against Merced Bake House Inc.

In a 10-page decision, Associate Justice Edgardo Sundiam of the CA Third Division said that the Abeninas failed to prove that the five-tiered orange chiffon fondant cake, which they ordered from Merced, was the result of "negligence, fraud, or breach of agreement."

On top of that, the court said the spouses also failed to prove show that they "suffered sleepless nights, mental anguish, or serious anxiety."

Those are the reasons that would allow anyone to claim moral damages.

The couple because claimed that the cake was "leaning and gaudy-looking," with a "tawdry-orange" color which embarrassed and humiliated them in front of their guests at their wedding reception.

"All these elements were not present in the case," the court said, point out that pictures of the cake showed it to be in good order and condition.

In fact, the justice pointed out, both bride and groom were happily smiling while cutting the cake.

The couple did not present any of the guests to corroborate their allegation.

According to court records, the couple ordered the cake from Merced on May 18, 1997, at the Hotel Sofitel.

Imelda Bartolome, manager of the bakeshop, took the order from couple. They wanted the cake to be decorated with metallic gold ribbons for charms, as seen cake made by well-known cakemaker Heny Sison, which was featured in Asian Bride magazine.

Bartolome told the couple, however, that instead of plastic fruits and flowers, as seen in the magazine, they would use sugar flowers on the cake.

She added that the metallic gold color for the sugar flowers at the edge of the cake would be hard to duplicate, but the bakers would try their best to approximate it.

On June 24, 1997, three days after the wedding, the couple returned the partially eaten cake to the bakehouse, claiming that it was "leaning" and that the color and design was totally defferent from what they agreed on.

The bakehouse offered to return the amount of P4,775 paid by the couple as a sign of goodwill to unsatisfied clients, but the couple demanded P20,000 in damages.

Later on, the couple raised their demand for damages to P50,000, which Merced ignored, prompting them file a suit with the Quezon City RTC.

After trial, the lower court dismissed the complaint, but ordered Merced to pay the couple the amount of P4,775.

The court ruled that the cakes of Heny Sison were considered a work of art, thus, they charge a costly sum for their artworks.

It said to demand a "Heny Sison-look-alike cake" for a meager sum of P4,775 should be expected to be "simply distasteful."

The court said that the couple did more harm than good to their claim for damages even if it was not warranted.

Not satisfied with the decision, the Abeninas elevated the case to the CA. - GMANews.TV

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