Cancer victim wins 2nd round in legal battle with cigarette firm

MANILA, Philippines — Trial can now proceed on the case that a lung cancer victim filed against the local subsidiary of international cigarette brand Philip Morris. The Court of Appeals on Tuesday gave the go-signal to the Makati Regional Trial Court as it denied a petition by Philip Morris Philippines Manufacturing Inc. (PMPMI) seeking the dismissal of the complaint by Vincent Reyes. Reyes, now 46 years old, filed a demand of moral and actual damages against PMPI in 2004 after he was diagnosed to have lung cancer, five years after he quit smoking. In his complaint, Reyes claimed that he had been enticed “through a barrage of television advertisements" to smoke Philip Morris cigarettes since he was 14 years old. He said he had to struggle with the habit due to the addictive component of the cigarettes. In a decision penned by Associate Justice Fernanda Lampas-Peralta, the CA’s Seventh Division affirmed the August 12, 2005 ruling of Judge Winlove Dumayas of the Makati RTC branch 59 that denied PMPMI’s motion to dismiss Reyues’ complaint. PMPMI sought the dismissal of Reyes’ amended complaint on grounds of prescription and lack of cause of action on the part of the cigarette brand. It argued that the case already prescribed because Reyes filed the original complaint on May 31, 2004 and the amended complaint on October 28, 2004. But the CA noted that the amended complaint merely indicated the new address of PMPMI because it was no longer holding office in the address indicated in the original complaint. Since no new theory, cause of action, issues or demands were introduced in the amended complaint, the action is deemed to have commenced on the date the original complaint was filed, or on May 31, 2004, the CA said. Citing Article 1146 of the Civil Code, the CA said the Makati court correctly admitted Reyes’ complaint because it was filed well within the four-year prescription period provided for such case. - GMANews.TV