Rolando L. Sergio Jr.

LS2019-00026

ELIDAD and VIOLETA KHO vs. HON. ENRICO LANZANAS

G.R. no. 150877 May 4, 2006

FACTS

Shun Yih Chemistry Factory (SYCF), a tawain based business engaged in the
manufacturing and sale of Chi Chun Su creams/cosmetics, appointed Young
Factor Enterprises in the Philippines, owned by Quintin Cheng as its distributor for
a term of two year beginning 1978. Quintin sold his rights, title, interest, and
goodwill in the trademark Chi Chun Su to Elidad Kho. Animosity arose between
SYCF and Quintin resulting in the termination of their distributorship agreement.
SYCF appointed Summerville Genereal Merchandising, represented by Ang Tiam
Chay and Victor Chua, as its new exclusive distributor in the Philippines.

The spouses initiated a civil complaint against Summerville, alleging that

they have the sole right to distribute the products, the court ruled in favour of
Summerville, declaring that the spouses were not legally authorized to distribute
the products. The petitioners elevated the case to the Court of Appeals, where
the petition was denied. BFAD issued a resolution on February 4, 1992 stating the
spouses should desist from relabeling any product as their cosmetic regulation
and brand name clearance has been cancelled.

Summerville applied for the issuance of a search warrant against the

spouse Kho, since they allegedly persisted to sell and distribute Chi Chun Su
products despite the direct order to refrain from doing so by the BFAD. The
warrant was issued and its enforcement led to the seizure of several Chi Chun Su
products.

ISSUE

Whether or not Lanzanas was guilty of grave abuse of discretion in issuing

the search warrant.

RULING
 There was no grave abuse of discretion as the records show that Judge
Lanzanas adhered to the prescribed procedure in issuing a search warrant.
Lanzanas personally examined SPO4 Nedita Alvario Balagbis, and Victor Chua; the
examination personally conducted by Lanzanas was in the form of searching
questions and answers, in writing and under oath, of the complainant and the
witnesses on facts personally known to them; the sworn statements and affidavits
were duly attached to the records.

I have learned from the case that the personal examination by the judge is
an indispensible requisite in the finding of probable cause, for if the judge did not
personally examine the complainant and the witnesses the search warrant would
be invalid.