CA upholds P3.1-million damage suit vs Rosanna Roces

MANILA, Philippines — The Court of Appeals (CA) has affirmed the P3.1-million civil liability imposed by a Quezon City court against actress Rosanna Roces.

In a 14-page decision released earlier this week, the 11th Division of the appellate court upheld the decision of the Quezon City Regional Trial Court (RTC) Branch 220, which granted the complaint for damages filed by aesthetic clinic Forever Flawless Face and Body Center against Roces, whose real name is Jennifer Molina.

The CA dismissed for lack of merit the petition of Roces seeking reversal of the RTC order.

The case stemmed from the malicious statements made by Roces against Forever Flawless in breach of her contract with the firm.

The CA dismissed Roces’ claim that she did not give her consent to the execution of the deed of sale even after admitting that she signed the document and received P1.5 million as payment for sale of her shares from the clinic.

Roces claimed that her signature on the third page of the deed of sale was forged.

“It is well-settled that forgery cannot be presumed. It must be proven by clear, positive and convincing evidence,” read the ruling penned by Associate Justice Ramon Bato Jr.

Associate Justices Ramon Cruz and Pablito Perez concurred with the ruling.

The CA agreed with the findings of the RTC that “mere variance of the signatures could not be considered as conclusive proof that the same was forged.”

Contrary to Roces’ claim, the appellate court said the stipulation in the deed of sale was not a gag order since the actress was not barred from airing her grievances against Flawless in the proper forum.

Roces obtained 2,500 shares from Forever Flawless in exchange for promoting, endorsing, marketing and advertising services.

She endorsed the clinic’s services and products of Forever Flawless, including treatments by celebrity doctor Vicki Belo, president and chairman of the Belo Medical Group Inc.

In 2003, Roces sold back to Forever Flawless her shares for P1.5 million.

A deed of sale was signed by both parties on condition that Roces would not malign or discredit the company, its services, products and its stockholders and officers.

The deed of sale also stipulated that Roces would have to pay P1 million for each infraction of the contract.

Forever Flawless was forced to file a complaint against Roces after she appeared in television interviews accusing the clinic of conducting flawed liposuction procedures.