Case Summary (G.R. No. 132428)
Background of the Case
In June 1990, an investigation led to the discovery of counterfeit General Electric (GE) lamp starters being sold by TCC. PEMCO, affiliated with GE, initiated a search warrant that led to the seizure of large quantities of these counterfeit starters from TCC's warehouse. Yao and Alfredo Roxas, a member of TCC's Board of Directors, were charged with unfair competition under Article 189 of the Revised Penal Code.
Trial Proceedings and Verdict
During the trial in the Metropolitan Trial Court (MeTC), the prosecution presented evidence, including testimonies from individuals who had training on differentiating genuine and counterfeit GE starters. Yao, as the lone defense witness, claimed ignorance of any wrongdoing. The MeTC ultimately acquitted Roxas due to insufficient evidence but convicted Yao, determining that he was aware the goods were not genuine GE products.
Sentencing and Civil Liability
Yao was sentenced to a minimum of four months and twenty-one days to a maximum of one year and five months of imprisonment and was ordered to pay PEMCO Php 20,000 for consequential damages and another Php 20,000 for attorney's fees.
Appeal Progression
Yao filed a motion for reconsideration, which the MeTC denied. Subsequently, he appealed to the Regional Trial Court (RTC), which affirmed the MeTC's decision. Yao filed a motion for reconsideration concerning the RTC's ruling, which was also denied.
Court of Appeals Resolution
Yao's case was forwarded to the Court of Appeals, where it was observed that he failed to file his appeal correctly. As a result, the Court of Appeals issued a resolution declaring the RTC's decision final and executory, remanding the records for proper execution.
Procedural Issues Raised by Yao
Yao petitioned for review on certiorari, contesting the Court of Appeals' resolution. He argued that he had not been provided due process, claiming that the appellate court's decision was vague and did not properly address the findings of law and fact as required under the Constitution.
Court of Appeals' Comments
The Office of the Solicitor General defended the Court of Appeals' actions, indicating that while the resolution did not specify the dismissal of the appeal, it was nonetheless clear that the decision was final. They noted Yao's failure to remedy his appeal through the proper procedural route.
Supreme Cour
...continue readingCase Syllabus (G.R. No. 132428)
Case Overview
- Petitioner: George Yao
- Respondents: Hon. Court of Appeals and The People of the Philippines
- G.R. No.: 132428
- Date of Decision: October 24, 2000
- Legal Issue: Review on certiorari regarding the dismissal of Yao's appeal and the remand of the case for execution following his conviction for unfair competition.
Background of the Case
- George Yao was the President and General Manager of Tradeway Commercial Corporation (TCC).
- In June 1990, the Philippine Electrical Manufacturing Company (PEMCO) discovered counterfeit General Electric (GE) lamp starters being sold locally.
- PEMCO commissioned Gardsmarks, Inc. to investigate, which revealed that TCC was the source of these counterfeit products.
- A search warrant was issued, leading to the seizure of 124,440 starters from TCC's warehouse.
Charges and Trial
- Yao and Alfredo Roxas (TCC Board member) were indicted for unfair competition under Article 189 of the Revised Penal Code.
- The indictment accused them of selling counterfeit GE starters and misleading the public into believing they were genuine.
- Both accused pleaded not guilty; the prosecution presented evidence and witnesses, including experts who identified the seized products as counterfeit.
Prosecution Evidence
- Witnesses included Atty. Hofilena and Allan de la Cruz, who provided detailed descriptions of genuine GE starters versus the seized items.
- The prosecution established several differences in design and packaging between counterfeit and genuine products.
- The court found that TCC's products were sold at significantly lower prices than genuine GE starters, further indicating counterfeiting.