Lucky pick

Dear Atty. Nico,

I am an avid lotto bettor. I usually place four bets via “lucky pick” every draw. Eventually, I found out that one of my “lucky pick” number combinations won.

Sadly, my son crumpled my winning ticket. My wife, trying to straighten it, ironed the ticket with a cloth covering it. Thus, the ticket blackened with the first two digits of the three bet combinations remaining visible, as well as the outlet where I purchased it, the draw date, the date of its purchase, and partially, the time it was purchased.

I presented my partially blackened ticket to the sweepstakes office in Mandaluyong. However, the latter denied me the prize, stating that my ticket had been damaged and could not be validated. Despite the denial, I was able to get a certification from the said sweepstakes office that the sole winning number combination was one of the four bets placed in a documented transaction at the same lotto terminal/outlet where I always place my bet.

Can I still claim my prize, in spite of the condition of my lotto ticket?

Arlie

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Dear Arlie,

According to a Supreme Court decision, it was held that it is the act of selecting the winning combination that entitles a bettor to the corresponding prize.

In the case of Philippine Charity Sweepstakes Office v Mendoza, the Court adopted the findings of the RTC and the CA that Mendoza indeed performed the act of selecting the winning number combination for the Lotto 6/42 draw on 2 October 2014.

Notably, the CA discussed the requisites of winning the Lotto 6/42 game, as determined from the provisions of the PCSO Rules:

An arduous examination of the entire provisions of the [PCSO] Rules shows that winning the jackpot prize at the Lotto 6/42 draw appears to entail no more and no less than selecting, as a customer in the Lotto 6/42 game, a six number combination that is subsequently drawn as the official winning combination for that particular draw date. It is the customer’s selection of the winning number combination that determines whether a ticket is the so-called “winning ticket.”

In fine, the true crux of winning a prize in the Lotto 6/42 game is evidently not the presentation of just any lotto ticket which survives the validation procedure, but the selection of the winning number combination as reflected in a legitimate ticket. Playing such a winning combination, not merely submitting a ticket that is subsequently validated, is the essential condition precedent to winning the proffered prize.

Applying the foregoing jurisprudence to your given facts, it can be argued that you have the right to claim your prize against the sweepstakes office. While it is true that your winning ticket was blackened, it can be inferred that the same office certified that one of the four bets came from the same lotto terminal/outlet where you usually place your bet. Hence, it is highly likely that one of your four bets is the winning selection.

Atty. Nico A. Antonio