Mar. 24, 2008
THE Court of Appeals (CA) has denied the bid of a couple to collect from the Philippine Charity Sweepstakes Office (PCSO) over P89 million lotto jackpot prize which they claimed to have won during a grand draw in November 1999, saying the petitioners used a wrong mode of appeal that warranted its dismissal.
In a resolution penned by Associate Justice Ramon Garcia, the CA 11th Division granted the motion filed by the PCSO seeking the dismissal of the appeal filed by spouses Ernesto and Marcelina Alburo.The Alburos claimed that they have won the lotto grand prize of P89,239,981 million and the consolation prize of P20,000 for the November 6, 1999 draw but the PCSO has refused to pay them.
They claimed that they placed their bets on the morning of November 6 for the evening draw of the same day, but there was a mistake in the particulars printed in the lotto ticket since it appeared therein that they instead made their bets the day after for the draw date of November 9, 1999.
On August 31, 2000, the lower court dismissed the complaint ruling that the appellants failed to establish their case by preponderance of evidence. The trial court noted that their tickets clearly showed that they were purchased on November 7 for the draw date of November 9.
The couple then raised the matter with the CA, seeking a remedy in law and raised issued on pure questions of law.
In seeking the dismissal of the appeal, the PCSO argued that the relief availed of by appellants was improper, hence the instant appeal should be dismissed.
lesson of the day...after receiving your ticket check everything from the date of purchase to the date of the draw.
