Decision
Debate v. Topacio
G.R. No. 19982 · 1922-12-29 · MALCOLM, J. · LawPhil
"EL DEBATE ," INC., petitioner, vs. JOSE TOPACIO, Director of Posts, respondent. Manuel C. Briones, Melencio, Virata and De la Rama and Feliciano B. Gardiner for petitioner. Attorney-General Villa-Real for respondent
MALCOLM, J.:
On November 16, 1922, El Debate , a newspaper of the City of Manila, published a full page announcement which in translation reads as follows: P18,000.00 HOW WIN THEM? READ THE FOLLOWING GRAND NUMBER CONTEST El Debate opens on this date two contests: The first contest is for the award of prizes for the nearest approximate guesses as to the total number of votes that will be cast for any of the winning candidates for Carnival Queen either in the provinces or in Manila. This contest will close at noon, December 23d.
The second contest is for the award for the nearest approximate guesses as to the total number of votes that the Queen elect will receive for the Carnival queenship. This second contest will close at noon of the day in which the final canvass of the Carnival queen contest will take place. CONDITIONS TO PARTICIPATE IN THE CONTESTS Any subscriber to El Debate may participate in these two contests by paying in advance at least the amount of the subscription of a quarter under the following conditions: The person who pays the price of a quarterly subscription shall be given a coupon for the first contest and another coupon for the second contest.
He who pays for two quarters shall be given two coupons for the first contest and two for the second contest. He who pays for three quarters, that is to say, nine months, will receive three coupons for each of the said contests. And the one paying for a whole year will receive four coupons for each of the said contests.
But payment is to be strictly in advance. EACH "CALCULO" (ESTIMATE OR GUESS) MUST BE EXPLAINED Each cálculo (estimate or guess) for any of the two contests must be accompanied by a brief statement or explanation containing the facts upon which it is based.
This explanatory statement may be in English, or Spanish, or in any Philippine dialect. And in order that the participants may have some basis for making a correct estimate (guess), El Debate will publish every day information about the partial results that will be made from day to day at the Carnival offices, circulation or newspapers, etc. Estimates (guesses) without the corresponding explanatory note will not be considered.
THE VERDICT The decision of the first as well as the second contest will be made immediately after the Carnival Headquarters had made public the result of the provincial elections and the final election, respectively. As soon as a certificate of the results in the provinces and of the final result is received in our office, we will proceed to select from the estimates (guesses), those that are the nearest in order to award the prize winners. The statements or explanations of the winning participants upon which their estimate (guess) was based will be punished in El Debate for the satisfaction of the public.
The checking of the winners will be made in the office of El Debate , 2 De la Rama Bldg., Sta. Cruz, Manila. THE PRIZES There are 110 prizes of the total value of P6,000 for the first contest, and for the second contest there are 215 prizes, the total value of which is P12,000, that is, a grand total of P18,000, based upon 20% of the value of 6,000 full subscriptions for one year, which is the present circulation of El Debate , and should this total value not be covered in the meantime, a proportional reduction of the number and of the amount of the prizes will be made THE PRIZES FOR THE FIRST CONTEST First Prize .......................................................
P2,000.00 Second Prize ...................................................... 1,000.00 Third Prize .......................................................
500.00 Two prizes of P200.00 each .............................. 400.00 Five prizes of P100.00 each ............................. 500.00 Ten prizes of P50.00 each ...............................
500.00 Twenty prizes of P20.00 ................................. 400.00 Seventy prizes of P10.00 ................................ 700.00 110 prizes .....................................................