fossil
October 21st, 2006, 01:29 AM
By JOMAR CANLAS, The Manila Times Reporter
The two claimants in the Pepsi 349 raffle draw lost what little hope of ever getting the prizes they claim they won.
In a decision written by Associate Justice Minita Chico-Nazario, the Supreme Court reversed a ruling made by the Court of Appeals ordering the bottling company to pay Pepe Pagdanganan and Pepito Lumahan the prizes they claim, which amount to P5 million and P1.2 million, respectively.
By throwing out the appellate court’s ruling, the Court affirmed the decision made by Pasig City Regional Trial Court, which junked the validity of the claims. The High Court also warned that the ruling on the case is final, saying it has already dismissed similar petitions.
The Court ruled that the group’s evidence and arguments were similar to those of other claimants whose petition was earlier dismissed. It will be recalled that that the Court had thrown out a similar case filed by a group of 14 claimants.
In the latest ruling, the Court said it adheres to the doctrine, which maintains that "once a question of law has been examined and decided, it should be deemed settled and closed to further argument."
In 1992 Pepsi-Cola announced that holders of crown number 349 won a prize after a promotional draw. Immediately, however, Quintin Gomez Jr., the firm’s marketing services manager, informed the Department of Trade and Industry that the company had made a mistake.
As a result, the 349 crown holders filed a suit for the payment of the prizes and for damages.
The two claimants in the Pepsi 349 raffle draw lost what little hope of ever getting the prizes they claim they won.
In a decision written by Associate Justice Minita Chico-Nazario, the Supreme Court reversed a ruling made by the Court of Appeals ordering the bottling company to pay Pepe Pagdanganan and Pepito Lumahan the prizes they claim, which amount to P5 million and P1.2 million, respectively.
By throwing out the appellate court’s ruling, the Court affirmed the decision made by Pasig City Regional Trial Court, which junked the validity of the claims. The High Court also warned that the ruling on the case is final, saying it has already dismissed similar petitions.
The Court ruled that the group’s evidence and arguments were similar to those of other claimants whose petition was earlier dismissed. It will be recalled that that the Court had thrown out a similar case filed by a group of 14 claimants.
In the latest ruling, the Court said it adheres to the doctrine, which maintains that "once a question of law has been examined and decided, it should be deemed settled and closed to further argument."
In 1992 Pepsi-Cola announced that holders of crown number 349 won a prize after a promotional draw. Immediately, however, Quintin Gomez Jr., the firm’s marketing services manager, informed the Department of Trade and Industry that the company had made a mistake.
As a result, the 349 crown holders filed a suit for the payment of the prizes and for damages.