THE Court of Appeals (CA) denied for lack of merit the motion for reconsideration of actress Jennifer Molina — better known as Rosanna “Osang” Roces — over her breach of contract case against Forever Flawless Face and Body, Inc.
In a resolution penned by Associate Justice Ramon M. Bato, Jr. dated Jan. 18, the CA former 11th division said Ms. Molina failed to raise new substantial arguments.
“A perusal of the Motion for Reconsideration reveals that there are no new and substantial issues raised therein which have not been judiciously passed upon by this Court. Thus, we find no cogent or compelling reason to alter, modify or reverse the said Decision,” the decision read.
The case stemmed from an Aug. 31, 2010 decision of a Quezon City regional trial court Branch 220, in which the CA found no error on June 6, 2018, which ordered her to pay Forever Flawless, Inc. P3 million in damages and P100,000 as attorney’s fees.
Ms. Molina was originally given 20% of the issued stocks of the company in exchange of endorsing and availing of its services including treatments by Victoria G. Belo.
She, however, sold her shares to Forever Flawless, Inc. for P1.5 million in December 2003 and signed a Deed of Sales of Shares of Stock. Section 7 of the agreement states that she must not malign or discredit the corporation and its products and the Belo Medical Group. Violations of the Deed of Sale cost P1 million each.
However, on three separate appearances on the TV show The Buzz in April 2004, the actress aired her dissatisfaction with the liposuction services of Ms. Belo and called her an “aerobics instructor and an unethical doctor for publishing her picture without her permission.” She also said in one of her appearances that customers of Forever Flawless suffered from “nasunog na mukha” (burned face).
During the trial in the lower court, Ms. Roces said she did not consent to the execution of Deed of Sale and that her signature on the third page was forged. The RTC said she failed to provide a detailed comparison between the signatures.
The CA in its June 6 decision also said that the actress is not prohibited from making her grievances against the company known in a “proper forum and with sufficient evidence.”
“A gossip show, however, is obviously not the proper forum in this case,” the court said, noting the RTC’s decision that her statements on the show were defamatory.
“Needless to state, if Molina indeed did not sell her shares of stock in Forever Flawless, Inc., her airing of even legitimate grievances against her own company and doctor in a gossip TV show would go against the very grain of sensible business practice,” it added. — Vann Marlo M. Villegas

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