Title
Mirando, Jr. vs. Philippine Charity Sweepstakes Office
Case
G.R. No. 205022
Decision Date
Jul 3, 2019
A man claimed a lottery jackpot with a tampered ticket, alleging it was the winning one, but courts ruled against him, citing insufficient evidence and tampering.
lottery ticket
evidence
court ruling
A

Case Digest (G.R. No. L-20850)

Facts:

  • Lottery Draw and Winning Ticket
    • On March 9, 1996, the Philippine Charity Sweepstakes Office (PCSO) conducted a lottery draw that yielded the winning numbers 15-22-23-24-34-36.
    • The winning ticket, which carried a jackpot prize of ₱120,163,123.00, was sold at the Zenco Footsteps lotto outlet located in Libertad, Pasay City.
    • PCSO announced that there was a lone jackpot winner who purchased the winning ticket from that particular outlet.
  • Petitioner’s Alleged Actions and Claim
    • The petitioner claimed ownership of the winning ticket and, on March 10, 1996, after reportedly seeing the winning numbers in a newspaper, proceeded to the ACT Theater lotto outlet in Cubao, Quezon City.
    • At the ACT Theater outlet, he allegedly purchased a ticket, which was then fed into the lotto machine. The machine purportedly displayed a congratulatory message stating, "Congratulations, you win the jackpot prize."
    • Despite the alleged win, being that it was a Sunday and the PCSO office was closed, the petitioner continued with his work as a coco lumber agent in Baliuag, Bulacan.
    • Three months later, on March 18, 1996, he, along with his kumpare, visited the PCSO to claim the prize. During this visit, he presented his ticket to respondent Manolito Morato, then-PCSO Chairman.
    • Morato allegedly requested that the petitioner sign the back of the lotto ticket and later informed him that the prize could no longer be claimed because it had already been taken by another person.
    • Subsequently, the petitioner discovered that his ticket had been altered.
    • On July 3, 1996, through his lawyer, Atty. Renan Castillo, the petitioner sent a letter to the PCSO requesting the release of the jackpot prize.
    • In a response dated July 17, 1996, Morato reiterated that the winning ticket had been sold at the Zenco outlet and warned the petitioner against pursuing a false claim, even threatening charges for attempted estafa via falsification of a government security.
  • Initiation of Litigation and Evidence Presented
    • On September 22, 2000, nearly five years after the draw, the petitioner filed a complaint for damages before the Quezon City Regional Trial Court (RTC). His claims included payment of the jackpot prize, moral and exemplary damages, as well as attorney’s fees.
    • Respondents (PCSO and Morato) denied that the petitioner was the bona fide holder of the winning ticket.
    • They presented computer verification evidence and end-of-day reports from the PCSO main computer center, which confirmed that the winning ticket was sold at the Zenco outlet and that the proper procedure did not include a "Congratulations" message on the monitor but rather the issuance of a prize claim ticket.
    • Respondents also disputed the petitioner’s account of purchasing a ticket at the ACT Theater outlet, claiming that no such transaction occurred.
    • The respondents further argued that the petitioner’s delayed effort in claiming the prize—waiting until after four months and then, after receiving a warning letter from Morato, filing his complaint over four years later—was contrary to the expected behavior of an innocent and timely claimant.
    • During trial, the petitioner presented eight witnesses (including himself) while the respondents presented two, with both parties offering documentary and testimonial evidence.
  • Decisions of the Lower Courts and Appellate Review
    • On April 27, 2005, the RTC rendered a decision dismissing the petitioner’s complaint for lack of legal and factual basis, noting:
      • The backup tapes and end-of-day reports conclusively showed that the winning ticket was transacted at the Zenco outlet.
      • The petitioner failed to produce the prize claim ticket generated by the lotto machine.
      • The evidence suggested that the petitioner’s ticket had been altered, with an inference that the petitioner himself had tampered with it after the draw.
    • The petitioner’s motion for reconsideration before the RTC was denied.
    • On January 31, 2012, the Court of Appeals (CA) affirmed the RTC decision in toto, basing its ruling on:
      • Testimonies and evidence confirming that the machine used at the Zenco outlet (of the DM Flipper type) was responsible for validating winning tickets, not the machine at the ACT Theater outlet.
      • Demonstrations in open court that failed to support the petitioner’s assertions regarding the machine’s display.
      • The overwhelming corroborative evidence showing that the winning ticket was not purchased by the petitioner.
      • The petitioner’s failure to substantiate his claims through timely appearance or through proper documentary evidence (such as the original lotto ticket or witness affidavits regarding his alleged visit with NBI agents).
    • The petitioner then elevated his case through a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, asserting that:
      • The CA erred in giving undue weight to respondent evidence over his own.
      • There was a failure to properly consider applicable laws and relevant rules of court regarding evidence.
    • The Supreme Court granted the petitioner’s motion for reconsideration procedurally, reinstating the petition, but ultimately denied it on the merits.

Issues:

  • Whether the preponderance of evidence supports the petitioner’s assertion that he was the owner of the winning ticket.
    • The dispute centers on factual determinations regarding the actual source of the winning ticket.
    • There is a question as to whether the petitioner’s evidence, including his testimonial and documentary submissions, outweighs that of the respondents.
  • Whether the trial court and the Court of Appeals committed reversible errors in their evaluation of the evidence.
    • The petitioner contended that the lower courts failed to give proper weight to his evidence.
    • The issue also encompasses whether the delay in claiming the prize and the absence of the original ticket undermine his claim.
  • Whether the matter presented in the petition constitutes a question of law proper for a Rule 45 petition or is inherently a question of fact.
    • The petitioner argued that his evidence demonstrates legal errors.
    • The Court, however, viewed the dispute as primarily factual, concerning the determination of the preponderance of evidence.
  • The credibility and admissibility of the petitioner’s evidence versus that of the respondents.
    • The issue of alleged ticket tampering and the timing of the petitioner’s actions in claiming the prize were central to the dispute.
    • The reliability of witness testimonies and documentary proofs was scrutinized in relation to established lottery procedures.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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