SC gives "green light" to litigate LPGMA prexy, 4 Republic Gas execs

July 30, 2013 11:35 am 

By Perfecto T. Raymundo

MANILA, July 29 (PNA) — The Supreme Court has given the go signal to file in court the case of trademark infringement and unfair competition against Liquefied Petroleum Gas Marketers Association president Arnel Ty and four other officials of Republic Gas Corporation.

In a ruling dated June 17, 2013 and signed by Associate Justice Diosdado M. Peralta, the SC Third Division, with 5-0 votes, found probable cause in the complaint for trademark infringement and unfair competition filed by Shell and Petron against the officials of Republic Gas Corporation.

Aside from Arnel Ty, also ordered charged were Mari Antonnette Ty, Orlando Reyes, Ferrer Suazo and Alvin Ty.

The case stemmed when agents of the National Bureau of Investigation raided the plant of Republic Gas in Malabon City by virtue of a search warrant on March 5, 2004 after the NBI assets confirmed from the test-buy operation they conducted that Republic Gas was refilling and selling LPG cylinders with registered mark of Gasul and Shellane without permission from Petron and Shell.

Subsequently, Republic Gas was charged before the DOJ for violation of Sections 155 and 168 of the Intellectual Property Code of the Philippines.

However, the investigating prosecutor dismissed the complaint for lack of probable cause, which was affirmed by the Secretary of DOJ.

This prompted Shell and Petron to elevate the case to the CA.

The CA granted the petition for certiorari filed by the two giant oil companies and dismissed the motion for reconsideration filed by Republic Gas on July 2, 2010.

The camp of Republic Gas questioned before the SC the decision of the CA.

However, the SC dismissed the petition saying there is sufficient evidence to litigate Republic Gas in the said cases. (PNA)

CTB/PTR

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