Dear PAO,
Last week, I found out that I successfully predicted five out of six of the winning numbers in a lotto draw. However, when I informed my authorized agent, he told me that I may not be able to claim the prize because I crumpled my ticket. Is he correct?
Bert
Dear Bert,
No, your authorized agent is not correct. On the contrary, you may still claim your prize as long as you can prove that you bet on and predicted five out of six of the winning number combination, as indicated in your ticket.
In the case of Philippine Charity Sweepstakes Office (PCSO) vs. Mendoza, G.R No. 257849, March 13, 2023, Ponente: Justice Jhosep Y. Lopez, the Supreme Court was confronted with a similar situation where the respondent-bettor was able to bet on and predict six out of six winning number combination in a lotto draw. The PCSO denied him his grand prize because the ticket was allegedly “partially blackened” and “damaged and could not be validated.” The Supreme Court ruled in favor of the respondent-bettor, saying that:
“We recognize the interest held by sweepstakes office to conduct the lottery in a manner that upholds integrity and credibility. We likewise recognize that the “no ticket, no payment” policy is intended to be a deterrent against fraudulent claims and in turn, ensure the financial viability of PCSO. We do not agree, however, with the sentiment in the instant Petition that the payment of the jackpot prize to Mendoza is tantamount to a violation of its own rules. As we have discussed, the PCSO Rules itself reveals that the Lotto 6/42 does not contemplate a pre-determined “winning ticket” and so its presentation in a pristine state must not be the sole determinant for the payment of the prize.
xxx
“Unlike the Number Fever cases, an obligation arose on the part of the sweepstakes office when Mendoza accepted the offer, and was able to comply with the conditions of the offer—that is, when the numbers he betted on were subsequently drawn to be the winning number combination for the 6/42 lotto. Since it offered to pay the jackpot prize of P12,391,600.00 on the condition that the winning numbers be betted on by a person, the fulfillment of that condition created an obligation on the part of PCSO to comply with its part of the contract, which is to pay the winning prize. The only dispute lies in Mendoza’s proof that he indeed accepted the offer by selecting the winning number combination. As We have earlier discussed, even in the absence of a readable ticket, he was able to prove that he selected a set of numbers that corresponds to the winning combination number for the 6/42 lotto draw on October 2, 2014. Thus, he is entitled to receive the jackpot prize for the said lotto draw.”
Thus, even if you are holding a crumpled or creased ticket, the PCSO is obligated to pay the winning prize as long as you are able to prove that you bet on and selected the set of numbers corresponding to the winning combination, especially if the ticket clearly shows the winning numbers you chose. It is not required for you to present the ticket in its pristine state, though taking good care of your ticket in the future would be a good practice to avoid inconvenience.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
