Search Warrants Issued by Manila RTC Valid -- SC

Article excerpt

The Supreme Court (SC) has declared valid the search warrants issued by the Manila Regional Trial Court (RTC) in 2001 that was enforced in Cavite against a manufacturer of allegedly counterfeit "PlayStation" consoles, joy pads, and other game software.

In a decision written by Senior Justice Leonardo A. Quisumbing, the SC upheld the contention of Sony Computer Entertainment Inc. that its case against Supergreen Inc. involves a transitory or continuing offense of unfair competition under the provision of the Intellectual Property Code of the Philippines such that a search warrant can be issued by any court where any element of the alleged offense was committed.

"(Supergreen's) imitation of the general appearance of (Sony's) goods was done allegedly in Cavite. It sold the goods allegedly in Mandaluyong City, Metro Manila. The alleged acts would constitute a transitory or continuing offense. Thus, clearly, under Section 2(b) of Rule 126, Section 168 of Republic Act No. 8293 (Intellectual Property Code) and Article 189 (1) of the Revised Penal Code, petitioner may apply for a search warrant in any court where any element of the alleged offense was committed, including any of the courts within the National Capital Region," the SC said. …