Case Digest (G.R. No. 257298)
Facts:
In Petron Corporation and People of the Philippines vs. William Yao, Sr. et al. (G.R. No. 243328, March 18, 2021), Petron Corporation, the registered owner of the “GASUL” trademark for its liquefied petroleum gas (LPG) cylinders, discovered that Masagana Gas Corporation was allegedly refilling and distributing counterfeit Petron Gasul LPG cylinders without authorization. In early 2003, Petron engaged a private investigator who coordinated with the National Bureau of Investigation (NBI) to conduct test purchases and surveillance in Trece Martires, Cavite, and in Makati City. On February 13 and 27, 2003, NBI agents and the investigator witnessed Masagana employees refill Petron cylinders and issue cash invoices. Further surveillance on February 18 and 27, 2003 established that Masagana transported and stored Petron cylinders in Makati, where additional test buys occurred. Acting on the investigator’s complaint affidavit, the Department of Justice’s Task Force on Intellectual PropeCase Digest (G.R. No. 257298)
Facts:
- Parties and Background
- Petron Corporation, owner of the “Gasul” trademark for LPG, discovered unauthorized refilling, sale, and distribution of its LPG cylinders by Masagana Gas Corp.
- Petron engaged investigator Bernabe Alajar and coordinated with NBI for surveillance and test-buys at Masagana’s Trece Martires, Cavite plant (Feb. 13 & 27, 2003) and follow-up visits to Masagana’s Makati warehouse, where agents witnessed refilling and sales of Petron Gasul cylinders.
- Criminal Proceedings and Motions
- Two separate Informations for unfair competition under Section 168 in relation to Section 170 of RA 8293 were filed:
- Criminal Case No. 239-10 before RTC, Trece Martires City (filed July 2, 2010).
- Criminal Case No. 11-529 before RTC, Makati City (filed Feb. 21, 2011).
- Before Makati RTC respondents filed:
- Motion to Quash (denied June 23, 2011).
- Urgent Motion to Dismiss (denied Feb. 16, 2015).
- Motion for Reconsideration (granted May 29, 2015; quashing the Information on grounds that unfair competition is a continuing offense and the Trece Martires court had prior jurisdiction; second denial of reconsideration Sept. 29, 2015).
- Petron petitioned the CA for certiorari; CA dismissed the petition (Decision Mar. 20, 2018; Resolution Nov. 28, 2018), affirming Makati RTC’s quashal for lack of jurisdiction.
Issues:
- Procedural Issue
- Whether a private complainant (Petron) may prosecute an appeal on the criminal aspect of a case without the Solicitor General’s representation.
- Substantive Issue
- Whether the crime of unfair competition is a “continuing” offense (subject to single prosecution) or a series of separate offenses per sale.
- Whether Makati RTC properly quashed the Information because Trece Martires RTC first acquired jurisdiction over the continuing offense.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)