Case Digest (G.R. No. 208090)
Facts:
- Petitioner: Ferdinand V. Tomas
- Respondents: Criminal Investigation and Detection Group (CIDG)-Anti-Organized Crime Division (AOCD) and Myrna Uy Tomas
- Date: October 24, 2007
- Event: CIDG-AOCD applied for four search warrants from the Regional Trial Court (RTC) of Manila.
- Judge: Executive Judge Reynaldo G. Ros issued the search warrants.
- Search Locations: FMT Merchandising and another location in Urdaneta City, Pangasinan.
- Seizure: Items allegedly infringing on the Pedrollo trademark were seized.
- Petitioner's Action: Filed a motion to quash the search warrants, citing non-compliance with SC Administrative Matter No. 03-8-02-SC.
- RTC Decision: Initially partially granted the motion but later reversed its decision.
- Petition for Certiorari: Filed by the petitioner with the Court of Appeals (CA), which quashed the search warrants.
- CA Decision: Became final and executory.
- Secretary of Justice: Found probable cause against the petitioner for trademark infringement and unfair competition.
- Petitioner's Challenge: Challenged the finding in the CA, which upheld the Secretary of Justice's decision.
- Current Petition: Petitioner filed a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- Violation of Immutability: The Supreme Court found that the CA's Fourth Division violated the rule on the immutability of a final judgment by upholding the validity of the search warrants.
- Invalid Dismissal: The CA's Fourth Division cannot validly dismiss the case after the Sixth Division had rendered a final judgment.
- Conclusive Judgment...(Unlock)
Ratio:
- Doctrine of Finality: The Supreme Court emphasized the doctrine of finality of judgment, which states that a decision that has acquired finality becomes immutable and unalterable.
- CA's Sixth Division: Had already quashed the search warrants, and this decision had become final and executory.
- Violation by Fourth Division: The CA's Fourth Division's decision to uphold the validity of the search warrants violated this principle.
- Forum Shopping: The Court found that the petitioner did not willfully violate the rule against forum shopping, as he had informed the CA of the existence of the first petition.
- Principle Clarification: The Court clarified that while the decision of the CA Sixth Division had attained finality, the principle it laid down should not be followed.
- Delegation of Duty: The Court found that the heads of agencies...continue reading
Case Digest (G.R. No. 208090)
Facts:
The case involves petitioner Ferdinand V. Tomas and respondents Criminal Investigation and Detection Group (CIDG)-Anti-Organized Crime Division (AOCD) and Myrna Uy Tomas. On October 24, 2007, the CIDG-AOCD applied for four search warrants from the Regional Trial Court (RTC) of Manila, which were issued by Executive Judge Reynaldo G. Ros. These warrants led to searches at FMT Merchandising and another location in Urdaneta City, Pangasinan, resulting in the seizure of various items allegedly infringing on the Pedrollo trademark. Petitioner filed a motion to quash the search warrants, arguing that the applications were not personally endorsed by the Chief of the Philippine National Police (PNP) as required by SC Administrative Matter No. 03-8-02-SC. The RTC partially granted the motion but later reversed its decision. Petitioner then filed a Petition for Certiorari with the Court of Appeals (CA), which quashed the search warrants. The CA's decision became final and executory. Meanwhile, the Secretary of Justice found probable cause against petitioner for trademark infringement and unfair competition. Petitioner challenged this finding in the CA, which upheld the Secretary of Justice's decision. Petitioner then filed the present petition for review on certiorari.
Issue:
- Did the Court of Appeals violate the rule on the ...