Mercury Drug Corporation v.

Sebastian Baking
GR No. 15603
May 25, 2007

Sandoval-Gutierrez, J.:

FACTS:
Sebastian Baking (Baking) went to Dr. Cesar Sy’s (Dr. Sy) clinic for a medical check-up. The next
day, after undergoing several tests, Dr. Sy found that Baking’s blood sugar and triglyceride levels were
above normal, so he gave him 2 medical prescriptions—Diamicron (blood sugar) and Benalize
(triglyceride). Baking went to Mercury Drug Alabang branch to buy the medicines. However, the saleslady
misread the prescription as Dormicum, a potent sleeping tablet, so that was what was sold to Baking.
Unaware that he was given the wrong medicine, Baking took one Dormicum pill a day for 3 days.

On the 3rdday of taking the medicine, Baking figured in a vehicular accident, as his car collided
with Josie Peralta’s car. Baking fell asleep while driving, and he could not remember anything about the
collision nor felt its impact. Suspecting that the tablet he took may have a bearing on his state at the time
of the collision, he returned to Dr. Sy, who was shocked to find that what was sold to Baking was
Dormicum.

Baking filed a complaint for damages against Mercury Drug. RTC rendered its decision in favor of
Baking. CA affirmed RTC.

ISSUE:
Whether the employee of Mercury Drug was negligent in the performance of her duties, which
was the proximate cause of the incident.

HELD:
YES
MERCURY DRUG EMPLOYEE GROSSLY NEGLIGENT IN SELLING DORMICUM
To sustain a claim based on NCC 2176, the following requisites must concur:
 Damage suffered by plaintiff
 Fault or negligence of defendant
 Connection of cause and effect between A & B

The drugstore business is imbued with public interest. The health and safety of the people will be
put into jeopardy if drugstore employees will not exercise the highest degree of care and diligence in
selling medicines. The care required must be commensurate with the danger involved, and the skill
employed must correspond with the superior knowledge of the business which the law demands.

Considering that a fatal mistake could be a matter of life and death for a buying patient, the
employee should have been very cautious in dispensing medicines. She should have verified WON the
medicine she gave was what was prescribed by Dr. Sy.

MERCURY DRUG ALSO LIABLE UNDER NCC 2180

It failed to prove that it exercised the due diligence of a good father of a family in the selection
and supervision of the employee
 PROXIMATE CAUSE OF THE ACCIDENT – NEGLIGENCE OF DRUGSTORE EMPLOYEE
 Proximate cause – any cause that produces injury in a natural and continuous sequence, unbroken by
any efficient intervening cause, such that the result would not have occurred otherwise; determined
from the facts of each case, upon a combined consideration of logic, common sense, policy and
precedent
 Vehicular accident could not have occurred had the drugstore employee been careful in reading the
prescription; without the potent effects of Dormicum, a sleeping tablet, it was unlikely that Baking
would fall asleep while driving his car, resulting in a collision