Mercury Drug Corporation v · G.R. 156037

Petitioner: Mercury Drug Corporation
Respondent: Sebastian M. Baking
Citation: G.R. No. 156037
Court: Supreme Court
Division: First Division
Ponente: Sandoval-Gutierrez, J.
Decided: May 25, 2007

Summary

Sebastian Baking sued Mercury Drug Corporation for damages after a pharmacy employee negligently dispensed Dormicum (sleeping tablet) instead of the prescribed Diamicron (diabetes medication). Baking took the wrong medication for three days and subsequently fell asleep while driving, causing a vehicular accident. The Supreme Court affirmed the lower courts' finding of negligence, applying Civil Code provisions on quasi-delict and vicarious liability. The Court emphasized that drugstores are imbued with public interest and must exercise the highest degree of care. The Court reduced moral damages from P250,000 to P50,000, awarded P25,000 exemplary damages for public good, and deleted attorney's fees for lack of legal basis. The case establishes important precedent on pharmaceutical negligence and employer liability in the drugstore industry.

Statutes applied

Civil Code, Art. 2176

Related cases

Other Philippine cases on the same provisions and issues.

Bataclan v. Medina G.R. No. L-10126
Africa v. Caltex (Phil.), Inc. G.R. No. L-12986
Cornelio Lampesa v. Dr. Juan de Vera, Jr. G.R. No. 155111
Lorena Salvador v. Rafael H. Hizon G.R. No. 241310
Supreme Transportation Liner v. Antonio San Andres G.R. No. 200444
St. Martin Polyclinic v. Lwv Construction Corporation G.R. No. 217426
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By the Intellegal Editorial Board · May 25, 2007

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