MICROSOFT vs MAXICORP

12 02 2012

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Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 140946             September 13, 2004

MICROSOFT CORPORATION and LOTUS DEVELOPMENT CORPORATION, petitioners,
vs.
MAXICORP, INC., respondent.

D E C I S I O N

CARPIO, J.:

The Case

This petition for review on certiorari1 seeks to reverse the Court of Appeals’ Decision2 dated 23 December 1998 and its Resolution dated 29 November 1999 in CA-G.R. SP No. 44777. The Court of Appeals reversed the Order3of the Regional Trial Court, Branch 23, Manila (“RTC”), denying respondent Maxicorp, Inc.’s (“Maxicorp”) motion to quash the search warrant that the RTC issued against Maxicorp. Petitioners are the private complainants against Maxicorp for copyright infringement under Section 29 of Presidential Decree No. 49 (“Section 29 of PD 49″)4 and for unfair competition under Article 189 of the Revised Penal Code (“RPC”).5

Antecedent Facts

On 25 July 1996, National Bureau of Investigation (“NBI”) Agent Dominador Samiano, Jr. (“NBI Agent Samiano”) filed several applications for search warrants in the RTC against Maxicorp for alleged violation of Section 29 of PD 49 and Article 189 of the RPC. After conducting a preliminary examination of the applicant and his witnesses, Judge William M. Bayhon issued Search Warrants Nos. 96-451, 96-452, 96-453 and 96-454, all dated 25 July 1996, against Maxicorp.

Armed with the search warrants, NBI agents conducted on 25 July 1996 a search of Maxicorp’s premises and seized property fitting the description stated in the search warrants.

On 2 September 1996, Maxicorp filed a motion to quash the search warrants alleging that there was no probable cause for their issuance and that the warrants are in the form of “general warrants.” The RTC denied Maxicorp’s motion on 22 January 1997. The RTC also denied Maxicorp’s motion for reconsideration.

READ THE REST OF THE CASE HERE

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