THE Supreme Court has found for the advertising agency J. Walter Thompson and a research firm in their legal battle with a nutritionist, who has sued them for airing a commercial in 2003 featuring her as a product endorser allegedly without her consent.

The Third Division turned down the appeal of Perla Esguerra, chief nutritionist at the Philippine Heart Center, to reverse a decision of the Court of Appeals on March 31, 2005, which upheld a Quezon City court’s decision rejecting Esguerra’s petition to stop JWT and AGL Market Research Inc. from airing their Ovaltine commercial.

Esguerra had also asked Judge Fatima Gonzales-Asdala of Branch 87 to compel the defendants to pay her P20,000 in talent fees, P200,000 in moral damages, and P300,000 in exemplary damages.

“The records do not show that Judge Asdala was moved by bad faith, ill-will or malicious intent when she did not grant the [temporary restraining order] and preliminary injunction Esguerra prayed for,” the Supreme Court said in the decision written by Associate Justice Minita Chico-Nazario.

“Bad faith must be proved by clear and convincing evidence.”

The Court also scolded Esguerra for her attempt to collect compensation from Asdala.

“Esguerra wants us not only to reverse and set aside the assailed decision and resolution of the Court of Appeals, but also to hold Judge Asdala answerable for damages in the amount of P2.2 million, plus costs and attorney fees,” the Court said. Rey E. Requejo