Judy Ann Sanchez, together with her daughter, Mara Clarita, went to

Mcbee-Metropark Brance to dine on October 18, 2010. Upon ordering a

couple of spaghetti and sundaes, they decided to consume their orders at the
second floor. On that juncture, a birthday party was being held and that the
whole second floor was exclusively for the invited guests only. Mara Clarita,
daughter of Judy Ann Sanchez, approached and asked a crew to assist them
on finding a table. The crew responded that the birthday party was about
over and it was okay for them to head upstairs and start their meal. The
mother proceeded but on her way up, a Mcbee mascot together with a coworker was rushing down the stairs. Since the mascot was of huge built, it hit
Judy by her shoulder which made her lose balance, missed four steps of the
stairs and got hit on the head, shoulders, back and buttocks upon landing
each step. The daughter, upon getting her senses altogether after a
temporary shock, immediately rushed on her and asked a crew to call for
ambulance. Because of the severity of the fall, Judy Ann was in extreme pain,
on her back and could not stand up. As soon as the store manager knew what
happened, she offered her car since it will be faster in getting Judy to the
hospital. The latter was brought to the nearest hospital with the aid of two
crew members from Mcbee-Metropark Branch for treatment.
Judy Ann Sanchez is asking the management of Mcbee Food
Corporation to pay her the amount of P100, 000.00 in damages, for the pain
she suffered and great inconvenience in undergoing weekly therapy. This
payment is excluded from the payment of hospital bills whereas; the Mcbee
Food Corporation took care off. In response to Judy Annsdemands, in a form
of letter dated Nov. 18, 2010, that the company assures full monetary
expenses regarding the weekly physical therapy of Judy Ann Sanchez until
such time that she fully recovers her health.

ISSUE: Whether or not Mcbee Food Corporation should pay Judy Ann Sanchez
the amount of P100, 000.00 for the inconvenience and pain she suffered
because of the incident dated on October 18, 2010 at the Mcbee-Metropark
Branch.
Her legal standing pertaining the case and her demand for the
payment of P100, 000.00 for the damages she incurred upon the incident will
be determined by the court on the grounds preferable to her and a contrary
defense from the opposing side.
Judy Ann Sanchez may aid her case with Article 2180 Paragraph 4 of
the Philippine Civil Code, in relation with the legal obligation of Mcbee Corp.
in forcing them to accept her demand for damages. Since the cause of the
distress was due to a series of negligence on the part of the Mcbee crew for

several instances during their stay inside Mcbeespremises; the crew who did
not get them their table; the mascot that was rushing the stairs, the store
manager who instead of waiting for the ambulance to deploy sufficient skils
and equipment designed for the task of assisting distressed/injured person
preferred to offer her vehicle to transport Judy Ann to the nearest hospital;
commanding two crew members to transport the victim unknowledgeable of
paramedic procedure in transporting injured persons. Since the cause of such
distress was due to employee acting within the scope of the companies
assigned task. (Children Learning Center, Inc v. Tagorio, G.R. No. 150920,
November 25), The Doctrin of res ipsa loquitor, whereas, proof is not needed
because the facts speak for themselves, the defendant through the
representation of Mcbee-waterpark Branch crew, was in charge of events and
an accident was caused on the face of it by negligence.
The defense on the other hand that Mcbee Foods Corp. will invoke to
lessen its legal obligation and liability is Article 2179 of the Philippine Civil
Code. Stating that the party of Mrs. Judy Ann Sanchez and the incident that
caused her injuries, were partly contributed by her and Mara Clarita. Their
aim here is for the court to mitigate the damages to be rewarded of the
mother. Its stand onusing this law is based on the negligence of Mara Carita
upon her approval that her mother be transferred with the means of a regular
car that was aided with two crew members of Mcbee waterpark branch, both
being not qualified to perform such duty with expertise that of a paramedic,
in addition, is the lack of equipment such as a stretcher and neck support.
The Mcbee Food Corporation claim is further strengthened by Philippine
National Construction v. Court of Appeals, G.R. No. 159270, August 22, 2005
467 SCRA 569. To persuade the court that contributory negligence was
conducted on the part of the injured party. The carelessness of Mara Clarita,
which was on the scene the whole time, acted with certain decisions leading
to the further suffering of her mother, Judy Ann Sanchez.