Case Summary (G.R. No. 219157)
Background of the Case
The petitioner was charged with a violation of Article 189, paragraph 1 of the Revised Penal Code, which relates to unfair competition. The information alleged that between June and October 1970, in the municipality of Valenzuela, Bulacan, Lim unlawfully sold inferior hand pumps labeled as "JETMATIC DRAGON HAND PUMP," deceiving the public and defrauding Sea Commercial Company, Inc. The trial court ultimately acquitted Lim of unfair competition but found prima facie evidence of a violation of Article 188, charging that Lim had unlawfully sold goods marked with a registered trademark that he knew had been fraudulently used.
Motion to Quash and Court Proceedings
Following the trial court's decision, the Provincial Fiscal filed the second information against Lim for violation of Article 188, paragraph 2. Lim subsequently filed a motion to quash this information, arguing lack of jurisdiction due to absence of preliminary investigation, violation of due process, and potential double jeopardy. Both the trial court and Court of Appeals denied his motion.
Arguments Raised by Petitioner
In his appeal, Lim assigned multiple errors to the Court of Appeals decision, primarily claiming double jeopardy because he had already been acquitted of unfair competition. He contended that both informations charged the same offense, as the only difference was the formal designation of the offense and the mention of a registered trademark in the second information.
Legal Principles and Analysis
The petitioner’s argument centered on interpretations of double jeopardy, as provided under the Constitution and relevant procedural rules. He asserted that the core nature of the offenses charged under both informations is the same, primarily arguing that the allegation regarding the trademark being registered does not constitute a separate element under Article 188. However, the trial court had determined that the first information did not correctly charge trademark infringement while recognizing grounds for a new information under the jurisdiction outlined in the Rules of Court.
Double Jeopardy and Trial Court’s Findings
The Supreme Court outlined that no double jeopardy arose because Lim had not yet been acquitted or convicted regarding the charge of infringement under Article 188, as proper judgment was never rendered on this matter; the first information merely represented an acquittal on unfair competition without addressing trademark infringement. Additionally, the trial court's proceedings followed the protocols allowing amendment of charges
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Case Overview
- Case Citation: 198 Phil. 713
- Date: March 30, 1982
- Deciding Body: Second Division of the Supreme Court of the Philippines
- Petitioner: Manuel Sy y Lim
- Respondents: Hon. Court of Appeals, Hon. Eduardo P. Caguioa (Judge of the CFI of Bulacan), Hon. Pedro D. Opiana (Provincial Fiscal of Bulacan), Attys. Dakila Castro and Cristino Carreon (Counsel for Sea Commercial Company, Inc.)
Background of the Case
- Initial Charges: Manuel Sy y Lim was initially charged with unfair competition under Article 189, paragraph 1 of the Revised Penal Code for allegedly selling inferior hand pumps labeled as "JETMATIC DRAGON HAND PUMP," misleading consumers into believing they were purchasing products from Sea Commercial Company, Inc.
- Factual Allegations: The prosecution claimed that Sy y Lim sold inferior quality pumps that bore deceptive labels and markings identical to those of the legitimate products of Sea Commercial Company, Inc.
- Trial Court's Judgment: The trial court acquitted Sy of the charge of unfair competition, concluding that the prosecution failed to prove that he gave his goods the appearance of those from another manufacturer. However, it found prima facie evidence that Sy had violated Article 188, paragraph 2 regarding trademark infringement, leading to the filing of a new information against him.
Subsequent Charges
- New Information Filed: Following the trial court's directive, the Provincial Fiscal filed a new information alleging that Sy sold pumps knowing that the trademark "JETMATIC DRAGON HAND PUMP" was fraudulently used, thus infringing on the trademark rights of Sea Commercial Company, Inc.
- Petitioner's Response: Sy filed a motion to quash the new information, arguing that it did not c