Case Digest (G.R. No. L-29062)
Facts:
Philippine Refining Company v. Hon. Enrico Palomar, G.R. No. L-29062, March 09, 1987, the Supreme Court Second Division, Paras, J., writing for the Court. The plaintiff-appellee was Philippine Refining Company; the defendant-appellant was Hon. Enrico Palomar, in his capacity as Postmaster General.The appellee conducted two sales-promotion schemes called "Breeze Easy Money" and "CAMIA Lucky-Key Hunt" that gave away certain prizes to purchasers of Breeze soap and CAMIA cooking oil. Under both schemes a purchaser paid only the regular price of the product and received, without additional consideration, the chance to win prizes; no buyer was required to pay more than the usual retail price.
The Court of First Instance of Manila, in Civil Case No. 72498 (opinion penned by Judge Jesus de Veyra), held that the two promotion schemes were not in the nature of a lottery and issued an injunction preventing the Postmaster General from issuing a "fraud order" against the schemes. The Postmaster General appealed the CFI decision to the Supreme Court.
The appeal reached the Supreme Court by direct appeal from the CFI decision. No separate concurring ...(Pro-only)
Issues:
- Are the Breeze Easy Money and CAMIA Lucky-Key Hunt promotions lotteries under the law?
- Was the doctrine of exhaustion of administrative remedies applicable, i.e., should the Postmaster General's prohibition first have been appealed to the appropriate Department Secretary befo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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