NextGen Day

MANILA – A buyer’s lawsuit against a car dealer accused of breaching the vehicle’s warranty was dismissed by the Supreme Court (SC).

The High Court upheld a 2017 Court of Appeals (CA) decision that overturned the Department of Trade and Industry’s (DTI) decision in favor of the buyer, Jacinto Javier.

According to court papers, Javier purchased a sport utility vehicle (SUV) from Dearborn Motors Inc., a Ford authorized dealer and service provider.

When the car’s 4×4 mode was turned on and the mileage reached 1,289 kilometers, Javier heard strange noises and felt the vehicle shudder.

He was told to leave the vehicle at the Ford Alabang service station for assessment when he sought help from the seller.

Javier stipulated that no repairs be carried out without his permission.

The buyer was later notified by the dealer that the issue raised was due to unequal tire pressure, which Dearborn had remedied.

The buyer, dissatisfied, demanded that the vehicle be subjected to a second inspection.

He sued the dealer for violating the Consumer Act on March 3, 2012, later revising his suit to want a replacement vehicle or a return of the payment plus damages.

He further alleged that the dealer performed repairs without his knowledge or approval in order to hide the vehicle’s problem and avoid liabilities.

Affirming the CA’s findings that the complainant failed to substantiate his claims, the high tribunal noted that the appellate court “underscored the fact that petitioner did not present any evidence, i.e., diagnosis of another expert in car repair, to support his claim that there was a defect and that subsequent repair in his car was done,”

Ford stated that no repairs were made, merely that the unequal tire pressure was adjusted.

“In the lack of proof that the subject car was defective, respondents (Ford) cannot be held accountable for any damages.” “As a result, the petitioner’s amended complaint was appropriately dismissed (by the lower courts) for his failure to prove that he is entitled to the reliefs requested for,” the Supreme Court stated in a ruling issued Tuesday.

The CA referenced a decision issued by the DTI’s Fair Trade Enforcement Bureau Adjudication Division on Jan. 9, 2014, which dismissed Javier’s complaint after finding no basis for the alleged breach of warranty or defect in the car.

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