Professional Documents
Culture Documents
Enrico
Palomar
November 6, 2010
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ADVERTISEMENTS
n 1960, Caltex (Philippines), Inc. announced its Caltex Hooded Pump Contest. The
4. Participants just need to fill out a form and drop their entries at the nearest Caltex station.
To publicize their contest, Caltex sought the assistance of the Philippine Postal Office.
However, then acting Postmaster Enrico Palomar denied the request of Caltex as Palomar
deemed that the contest is a violation of the Postal Law (Chapter 52 of the Revised
Administrative Code [RAC]).
Palomar cited Section 1954 of the RAC:
SECTION 1954. Absolutely non-mailable matter. No matter belonging to any of the
following classes, whether sealed as first-class matter or not, shall be imported into the
Philippines through the mails, or to be deposited in or carried by the mails of the
Philippines, or be delivered to its addressee by any officer or employee of the Bureau of
Posts:
Written or printed matter in any form advertising, describing, or in any manner pertaining to,
or conveying or purporting to convey any information concerning any lottery, gift
enterprise, or similar scheme depending in whole or in part upon lot or chance, or any
scheme, device, or enterprise for obtaining any money or property of any kind by means of
false or fraudulent pretenses, representations, or promises.
According to Palomar, the contest is a lottery hence, communications pertaining thereto
cannot be mailed by Caltex via Philippine Post.
Feeling aggrieved, Caltex brought the issue before the regular courts thru a petition for
declaratory relief. Caltex argued that their contest is not a lottery; that under prevailing
jurisprudence, lottery consists of the following elements:
a. consideration;
b. prize;
c. chance.
Caltex insists that their contest is not a lottery because the first element, consideration, is
missing. Said element is missing because participants are not required to pay anything
theres no consideration on the part of the participants.
Palomar assailed the petition as he argued that the same is not proper. He insisted that he
was merely applying the law and that there is no legal issue at all; that there is no need for
the courts to call for a construction on the statute in question. Palomar further argued that
even if the said contest, assuming arguendo, is not considered a lottery, the same is
considered as a gift enterprise which is still prohibited by the Postal Law to be mailed.
ISSUES:
1. Whether or not Caltexs petition for declaratory relief is proper.