G.R. No. L-19650 September 29,
1966
CALTEX (PHILIPPINES), INC vs. ENRICO PALOMAR, in his capacity as THE
POSTMASTER GENERAL
FACTS:
In 1960, Caltex
launched their "Caltex Hooded Pump Contest", which
called for participants to estimate the actual number of liters a hooded gas
pump at each Caltex station will dispense during a specified
period.Participants were not required consideration nor pay a fee. No purchase
of Caltex products were also required to be made. Entry forms were to be made
available upon request at each Caltex station where a sealed can would be
provided for the deposit of accomplished entry stubs.
Foreseeing
the extensive use of the mails not only as amongst the media for publicizing
the contest but also for the transmission of communications relative thereto,
representations were made by Caltex with the postal authorities for the contest
to be cleared in advance for mailing, having in view the Anti-lottery
provisions of the Revised Administrative Code. Postmaster General Enrico
Palomar denied the request, arguing that the said contest violated the provisions
of the law on subject. CALTEX sought judicial intervention wherein the trial
court ruled in its favor. Respondent Palomar appealed, posing the same argument
that the said contest violated the prohibitive provisions of the Postal Law.
Issue:
Whether or not the "Caltex Hooded Pump
Contest" fell on the purview of the prohibitive provisions of the Postal
Law.
