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February 16, 2015

Director of Lands vs. Tesalona

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  • On June 23, 1971, Isabel, Consuelo and Serapia Tesalona filed an application for registration of five (5) parcels of land with the CFI of Quezon, Gumaca Branch. 
  • They alleged that they acquired the lands through succession from their mother Magdalena. 
  • They said that their great grand mother Maria Rosita Lorenzo acquired 7.4343 hectares of land located in Quezon under a possessory information title dated May 20, 1896 under the Royal Decree of February 13, 1894.
  • The Director of Lands through the Assistant Provincial Fiscal of Quezon filed his opposition to the application alleging that neither the applicants nor their predecessors-in-interest had sufficient title of the land applied for nor had they been in possession thereof for a period of at least thirty (30) years immediately preceding the filing of the application and that the same is public land.
  • Constancio dela Pena Tan likewise filed an opposition even as he supported the government's contention that the lands applied for are part of the public domain. Tan averred that he had possessed the land as lessee for a period of more than thirty five (35) years. She said that the lands were converted into fishponds and had been subject of a sales application sometime in 1963. 11 The application to purchase filed by Constancio is still pending before the Bureau of Lands.
  • After hearing, the trial court rendered judgment adjudicating Lot Nos. 3, 4 and 5 in favor of the applicants and declaring Lot Nos. 1 and 2 as owned by the government subject to the rights of the lessee, Constancio dela Pena Tan, pending the approval of his sales application.
  • The CA ruled that lots 1-5 should be registered under the names of Tesalona’s siblings.
  • The Director of lands filed the instant petition.

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February 3, 2015

EY Industrial vs. Shen Dar

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  • EY Industrial Sales is a domestic corporation engaged in the production, distribution and sale of air compressors.
  • Shen Dar is a Taiwan-based foreign corporation engaged in the manufacture of compressors.
  • From 1997-2004, EY Industrial imported air compressors from Shen Dar.
  • In 1997, Shen Dar filed a Trademark Application with the Intellectual Property Office (IPO) for the mark “Vespa” for the use of air compressors. It was approved in 2007.
  • In 1999, EY Industrial filed a Trademark Application also for the mark “VESPA” for the use of air compressors. It was approved in 2004.
  • Shen Dar filed a Petition for Cancellation of the Industrial’s EYES COR with the Bureau of Legal Affairs contending that: a. there was a violation of Section 123.1 (D) of the Intellectual Property Code which provides that: A mark cannot be registered if it is identical to a mark with an earlier filing or priority date. b. EY Industrial is only a distributor of the air compressors
  • On the other hand, EY Industrial alleged that it is the sole assembler and fabricator of VESPA air compressors since the early 1990s and that Shen Dar supplied them air compressors with the mark “SD” and not “VESPA”

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