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(Transportation Law):
Necesito vs. Paras KENNETH ROY SAVAGE/K ANGELIN EXPORT TRADING, owned and BLOG ARCHIVE
managed by GEMMA DEMORAL-SAVAGE vs. JUDGE APRONIANO B.
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TAYPIN, Presiding Judge, RTC-BR. 12, Cebu City, CEBU PROVINCIAL
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FACTS: Petitioners Savage, seek to nullify the search warrant issued by The 20
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(Transportation Law): PAL. respondent Judge Aproniano B. Taypin of the Regional Trial Court, Br. 12 Cebu
MVRB
vs. C.A. City, which resulted in the seizure of certain pieces of wrought iron furniture from the 2
the factory of petitioners located in Biasong, Talisay, Cebu.
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The complaint was lodged by private respondent Eric Ng Mendoza, president
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and general manager of Mendco Development Corporation (MENDCO), Yapti
Basco v. PAGCOR
alleging that Savage’s products are the object of unfair competition involving
CASE
CASE DIGEST: Universal design patents, punishable under Art. 189 of the Revised Penal Code as Corp
Mills Corporation vs. amended. Savage contends however, that there was no existence of offense
Universal Textile Mills CASE
leading to the issuance of a search warrant and eventual seizure of its products. Save

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1/29/2020 REALaw: CASE DIGEST: Kenneth Roy Savege vs. Taypin
Case Digest in Evidence CASE
(Remedial Law): BPI vs. Tarro
ISSUE: Whether or not unfair competition involving design patents are
Reyes
punishable under Article 189 of the Revised Penal Code. CASE
Indus
LABELS HELD: To provide a clear view, the Intellectual Property Code took effect on CASE
administrative law (2) January 1, 1998. The repealing clause of the IPC provides that Articles 188 and Cam
affidavits (3) 189 of the Revised Penal Code (RPC), Presidential Decree No. 49, are hereby CASE
bar exam (14) repealed The issue involving the existence of "unfair competition" as a felony Drilo

bar exam coverage (1)

involving design patents, referred to in Art. 189 of the Revised Penal Code, has CASE
been rendered moot and academic by the repeal of the article. Hence, the Refra
bar exam passers (1)
search warrant cannot even be issued by virtue of a possible violation of the CASE
burden of proof (3) Robl
IPR Code.
case digest (80)
CASE
civil law (2) There is no mention of any crime of "unfair competition" involving design patents Benit
civil procedure (1) in the controlling provisions on Unfair Competition of the RPC. It is therefore CASE
commercial law (36) unclear whether the crime exists at all, for the enactment of RA 8293 did not vs. D
constitutional law (11) result in the reenactment of Art. 189 of the Revised Penal Code. CASE
Direc
conveyancing (1)
The court is are prevented from applying these principles, along with the new CASE
copyright (11)
provisions on Unfair Competition found in the IPR Code, to the alleged acts of Phil.
court of appeals (1) the petitioners, for such acts constitute patent infringement as defined by the CASE
credit transactions (5) same Code GEN
CRESAR (1) FILIP
criminal law (3) Although the case traces its origins to the year 1997 or before the enactment of CASE
the IPR Code, Article 22 of the Revised Penal Code provides that penal laws GSE
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VELO
shall be applied retrospectively, if such application would be beneficial to the
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