REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

REGIONAL TRIAL COURT
BRANCH ____
City of _________

___________________________

Movant,

For: Violations of Section 155

(Trademark Infringement) and
Section 168 (Unfair Competition)
-versus- in relation to Section 170 of R.A.
8293

_______________________

Respondent,
-----------------------------------------

___________________________.
----------------------------------------------
Movant,

-versus-

For: Violations of Section 155

(Trademark Infringement) and
_______________________ Section 168 (Unfair Competition)
in relation to Section 170 of R.A.
Respondents. 8293

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x-----------------------------------------x

MOTION FOR THE DISPOSAL AND DESTRUCTION OF

INFRINGING GOODS

____________________________. (the “Complainant”), through

the undersigned counsel, and unto this Honorable Court, do hereby
state that:

THE PARTIES

1. Complainant ______________________. is a domestic

corporation existing under the laws of the Republic of the
Philippines, engaged in the business of ____________________.
Complainant has its principal office address at
____________________________. It is represented by the undersigned
counsel, and may be served with subpoenas, pleadings and other
processes of this Honorable Office at
___________________________________.

2. Respondent _______________________. He may be served

with subpoenas, pleadings and other processes of this Honorable
Office at the same address.

FACTUAL AND LEGAL BASES

10. ___________, this Honorable Court, the Regional Trial

Court, Branch ___, _______ granted the application for search
warrants by __________________, to wit:

11. On _________, operatives of the National Bureau of

Investigation, enforced the above-mentioned search warrants. The
search on the different locations subject of this Motion yielded
positive results with the confiscation of items listed in the
Receipt/Inventory of Property Seized, to wit:

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 13. In relation hereto, the complainant has already filed the
respective criminal complaints in the City ___________;

14. Under Section 3 of Rule 20 of A.M. No. 10-3-10-SC

(Revised Rules of Procedure for Intellectual Property Rights Cases,
the items seized are considered hazardous, considering that they
pose unreasonable risk to health and safety in case they are placed in
the market again for the reason that the materials used are unknown,
and considering further that the facial masks did not undergo quality
control. In addition, these masks are considered harmful since they
can further endanger any user’s health;

15. The undersigned respectfully proposes that the seized

items be shredded, since the seized items’ origin and composition are
unknown, or whatever process this Honorable Court may suggest;

16. Since the seizure of the items, the complainant is

incurring unwanted costs for storing the seized items. These items
have no value to the complainant, and will not be introduced into the
market.

17. Hence, the seized items should be destroyed.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that the MOTION FOR THE
DISPOSAL AND DESTRUCTION OF INFRINGING GOODS
be GRANTED.

Other reliefs that are just and equitable under the foregoing
circumstances are likewise prayed for.

RESPECTFULLY SUBMITTED.

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 ________, for the City of ________, Metro Manila. _______.

By:

NOTICE OF HEARING

Greetings!

Please take notice that the foregoing  MOTION FOR THE

DISPOSAL AND DESTRUCTION OF INFRINGING GOODS
shall be submitted for the consideration and approval of the
Honorable Court on ________ at 1:00 o’clock in the afternoon, or on
such date and time most convenient to the Court.

COPY FURNISHED:

EXPLANATION

The foregoing MOTION FOR THE DISPOSAL AND

DESTRUCTION OF INFRINGING GOODS has been served to the
private respondents via registered mail due to lack of personnel to
effect personal service.