Tuesday, January 5, 2021

KENNETH SAVAGE VS. JUDGE TAYPIN

FACTS: Petitioners seek to nullify the search warrant issued by Judge Taypin in connection with an unfair competition case which resulted in the seizure of certain pieces of wrought iron furniture from the factory of petitioners in Cebu. After the denial, petitioners filed for certiorari, claiming that respondent trial court had no jurisdiction over the offense since it was not designated as a special court for Intellectual Property Rights (IPR), citing in support thereof Supreme Court Administrative Order No. 113-95; as well as Art 22, which prohibits retroactivity of crimes unless favorable to the accused and since the IPC repealed Art 188-189 of RPC.

SC: Dismiss the criminal case and search warrant, and return all things seized since Art 188-189 is repealed.

Courts may not vest exclusive jurisdiction on courts since such is a matter of substantive right, the Admin order is only to designate courts to exclusively handle certain issues to decongest case dockets.


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STA. CLARA HOMEOWNER’S ASSOCIATION VS. GASTON

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