Lawyer files lawsuit vs golf club’s F&B manager

DASMARIÑAS, Cavite – A senior partner of a law firm has filed a criminal case against a manager of an exclusive golf and country club here after he allegedly ate spoiled food served at the club’s restaurant last Nov. 20.

In a four-page complaint-affidavit with the provincial prosecutor’s office in Imus town, lawyer Benedicto Malcontento, of the Kho Bustos Malcontento Argosino Law Offices, filed a case of reckless imprudence resulting in physical injuries against Joy Orosa, food and beverage manager of the Orchard Golf and Country Club. 

Included in the lawsuit is an unnamed cook of the club’s Taverna restaurant.

In his affidavit, Malcontento narrated that on Nov. 20, he, together with seven friends, ordered sinigang na tanigue and other dishes for lunch at the restaurant.

Malcontento, a regular member of the golf club, said he ate the vegetables and portions of the fish of the sinigang. 

“With the intention to savor the best part (of the fish) for the last part of my meal, I proceeded to open the head of the fish. Suddenly, a foul smell reeked from it to which my friends and I almost simultaneously reacted,” Malcontento told The STAR in an interview. 

Malcontento said he immediately called the attention of the waiters who, in turn, apologized and brought out the unconsumed portion of the dish to the kitchen.

Three hours later, Malcontento said he experienced stomachache and loose bowel movement, which he blamed on the sinigang na tanigue.

The next day, Malcontento went to the Parañaque Medical Hospital for medical check-up after his sickness continued to bother him. The doctors advised him to undergo a stool exam after receiving preventive medication. 

Despite his condition, Malcontento said he even joined the Founder Cup on Nov. 22 where he finally met Orosa, who told him that there was nothing wrong with the food they ate on Nov. 20. 

Pissed off with what Orosa said, Malcontento said he immediately called the attention of one of his friends, fellow lawyer Elvis Balayan, who was present during the lunch, so they could discuss the matter with Orosa but the latter excused herself.

“I told her, I’m just hoping that the result of my laboratory test would not reveal anything wrong so we could put an end to this (matter),” he recalled.

However, on Nov. 23, Malcontento said his laboratory test revealed that the routine fecal smear showed presence of blood and enormous bacteria, prompting him to pursue the case.

In a cell phone interview, Orosa denied the charges and insisted that the food they served Malcontento was in good condition. 

In a letter to Malcontento dated Nov. 22, Orosa apologized for what happened to him. The letter was also signed and noted by Rene Garrovillo, Orchard’s general manager and chief operating officer. 

Orosa said they apologized to Malcontento but not necessarily accepted the fault.

“We checked the portion of the fish he ate but we found nothing wrong with it,” she said, adding, “Baka naman yung labanos ang naamoy niya (He might have smelled the radish).” 

She said they have been in the food business “for so long, alam naman na namin ang sira sa hindi (we already know what’s spoiled from not).” 

But Malcontento stood firm on his decision to file the case against Orosa.

He reacted on the portion of Orosa’s letter, which cast doubt on his integrity and that of his friends, Balayan, Danilo Noveno, Aurelio Gomez, Artemio Sanchez, and three other guests from the Eagleridge Valley Golf and Navy Golf.

“Indirectly, we are being told that we are lying, Even the lowly waiters immediately apologized when we brought the matter to their attention, and yet (the) F&B manager found nothing irregular with the spoiled food,” Malcontento said.

Malcontento belongs to a group known as MEALS (Maroons, Eagles, Archers, Lions and Special Friends), comprising 29 golfer lawyers and businessmen from the University of the Philippines, Ateneo, La Salle and San Beda who play at the Orchard.