REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURTS OF MANILA

NATIONAL JUDICIAL CAPITAL REGION
BRANCH 4DDD

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIMINAL CASE NOS. 07EEE

For: For: Violation of Sec. 168 in relation to
Section 170 of R.A. No. 8293

DDD LIM,
Accused.
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AMENDED MOTION FOR IMMEDIATE

DESTRUCTION OF SEIZED ITEMS

Plaintiff, through the undersigned counsel, under the direct control and supervision of the

public prosecutor, most respectfully moves that the property seized pursuant to a lawful search

be subject to immediate destruction or removal of its commercial value for being counterfeit,

upon determination of their legality relative to quality, for the following reasons:

GROUNDS

1. DUE TO LACK OF STORAGE/WAREHOUSING

FACILITIES OF THE NATIONAL BUREAU OF
INVESTIGATION, THE SEIZED ITEMS ARE BEING
STORED IN A PRIVATE WAREHOUSE, SUCH THAT
PRIVATE COMPLAINANT HAS INCURRED AND
CONTINUES TO INCUR CONSIDERABLE
WAREHOUSING EXPENSES; AND,

2. THE SEIZED PROPERTY, AS SUBJECTS OF THE

OFFENSE, ARE CONTRABAND GOODS.
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ARGUMENT

1. The property consisting of counterfeit goods, were seized from the Accused at

their stalls, pursuant to a valid search conducted by the NBI, by virtue of EEE30 issued by this

Honorable Court at Stall nos. EEE & 16, both located at EEE. As such, said property is being

held in custodia legis in spite the fact that the case has been archived.

2. Considering the sizeable number of fake/counterfeit LV items seized, and the lack

of warehousing facilities/storage space by the NBI, the goods have been, and are presently being

stored in a private warehouse, the expenses for which are being shouldered solely by the Private

Complainant. Due to the length of time it is now taking in prosecuting the Accused however,

Private Complainant continues to incur considerable cost for the temporary storage of these

goods.

3. Only a representative sample of the seized goods in proportion to the number of

goods actually seized would be sufficient for evidentiary purposes. As long as the exact quality

has been properly recorded (even by videography, if need be), the same can easily be proven by

affidavits and/or testimony of witnesses and/or documentary exhibits.

4. Being within this Honorable Court's jurisdiction, the above-mentioned seized

items may be ordered destroyed or stripped of its commercial value because the seized items are

contraband goods, possession of which is prohibited by law. The same are counterfeit or fake

goods, manufactured and held for distribution in violation of the Intellectual Property Code of

the Philppines (“IP Code”). The term “contraband goods” refer to “a generic term covering all

goods exported from or imported into the country contrary to the applicable statute.” (Castro v.

Pabalan, 70 SCRA 477). The importation or exportation of such fake/counterfeit goods are

“preparatory steps necessary to carry out the sale” of such goods, and are therefore prohibited by

law. (Sec. 155, Intellectual Property Code)

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5. There is no longer any necessity for a lengthly determination of the legality of

said goods the same clearly infringes, and unlawfully and without authority uses the trademark

of Private Complainant over goods which Accused passes off as originals, and in addition, said

goods are given the appearance, and were being passed off for those of Private Complainant, one

having established its goodwill in the business. The law clearly provides that those items that are

not the subject of lawful commerce shall be destroyed. (Art. 45, Revised Penal Code)

Furthermore, the law expressly provides for the power of the Court to order the destruction of

infringing materials. (Sec. 157.1, IP Code)

6. The issue respectfully posed herein does not involve a determination of whether

or not the rights of the owner of the registered mark have been violated. Neither does it involve

the guilt or innocence of the Accused. The sole issue concerns a determination of whether the

seized goods are contraband or not. That is, whether the same are fake/counterfeit or not. Once

determined to be contraband, or fake/counterfeit, they are therefore considered outside of lawful

commerce, possession of which is prohibited by law, thus, warranting their immediate

destruction.

PRAYER

WHEREFORE, it is respectfully prayed that the Honorable Court issue an Order

releasing the seized items to the Private Complainant to be destroyed in a manner the Private

Complainant deems fit, in the presence of this Honorable Court's personnel and that

representative samples and photographs / videos of the seized items be take prior to destruction,

and surrendered to this Honorable Court in lieu of the entire lot of the seized items.

Makati EEE.

EEEE
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Law Offices
Counsel for Plaintiff
2nd e

By:

EEE

NOTICE

EEE

Greetings:

Please take note that the undersigned will submit this Motion for the consideration of this
Honorable Court on a joint hearing set on EEE.

EEE

Copy Furnished by Registered Mail:

EEE

EXPLANATION

The foregoing Motion was filed with the Honorable Court and served upon the Accused
by registered mail due to lack of messengerial staff and distance.

EEE