SC rules vs. holders of Pepsi 349 crowns

The Supreme Court again ruled that the 349 Pepsi crown holders – this time a group of Cebuanos – cannot compel the softdrink company to give them prizes even if they have the crowns that have the winning combination of a number game 15 years ago.

The High Tribunal’s first division presided by Chief Justice Reynato Puno denied the petition for review on certiorari filed by more than 100 crown holders who appealed the ruling of the appellate court that reversed the decision of the Regional Trial Court in Cebu City in 1997.

An RTC judge in Cebu City has ruled that although the soft drink company cannot be compelled to give the supposed prizes to the 349 crown holders he ordered Pepsi-Cola Products Philippines to grant at least P30,000 representing both moral and exemplary damages to each of those who filed a case in court.

His controversial case stemmed from the failure of the soft drink company to give the prizes to its thousands consumers who got the crowns with 349 combination numbers for the reason that it carries different security codes from the winning number combination that is also marked 349.

Under the Pepsi promo, consumers can win cash prizes ranging from P100 to P1 million should they possess crowns or resealable caps of bottled Pepsi, 7-Up, Diet 7-UP, Mirinda and Mountain Dew bearing a three-digit number combination selected and announced on television.

Thousands of people got 7-UP and Pepsi crowns bearing numbers 349 when the winning combination was announced on May 25, 1992, but when they presented their crowns to the Pepsi office to claim their prizes, they were refused.

The number 349 bearing security code L-2560-FQ was used during the original promo period in non-winning crowns, but the softdrinks company has decided to extend its promo and the number 349 was inadvertently chosen as a winning number although the security code for these crowns had been changed.

Upon verification by Pepsi of the master list of the winning crowns for the extension period, it was found out that “349” crowns bearing security codes L-2560-FQ were not included in the master list of winning crowns jointly kept by the Department of Trade and Industry.

Puno explained that over the past years, the Supreme Court has promulgated a number of cases involving the 349 number fever promo where the SC’s ruling is in favor of the soft drink company.

The principle of “stare decisis et non quieta movere” holds that a point of law, once established by the court, will generally be followed by the same court and by all courts of lower rank in subsequent cases involving a similar legal issue.  — Rene U. Borromeo/BRP