LPG Dealers Association and Total Gaz LPG Dealers Association v. Nena C. Ang, G.R. no. 199371, Fe. 3, !"1# Facts$ Petitioners Petron LPG Dealers Association and Total Gaz LPG Dealers Association, together with other liquefed petroleum gas (LPG) associations, associations, fled a letter-complaint letter-complaint e!ore the "ational "ational #ureau o! $n%estigation-$locos $n%estigation-$locos &egional &egional 'ce ("#$-$&'), requesting requesting assistance in the sur%eillance, in%estigation, apprehension and prosecution o! respondents "ena * Ang, et al , and "ational Petroleum orporation ("ation Gas) !or alleged illegal trading o! LPG products and+or underflling, possession and+or sale o! underflled LPG products in %iolation o! ections (a) and (c), in relation to ections . and / o! #atas Pamansa #lg* ..0 as amended 1 Presidential Decree "o* 23404 (#P .., as amended), which pro%ide %ection !. Pro&iited Acts. ' T&e (ollo)ing acts are *ro&iited and *enalized$
(a) $llegal trading in petroleum and+or petroleum products5 (c) 6nderd 6nderdeli% eli%er1 er1 or underflling underflling e1ond e1ond authoriz authorized ed limits limits in the sale o! petroleum petroleum products products or possession possession o! underflled underflled liquefed petroleum gas c1linder !or the purpose o! sale, distriution, transportation, e7change or arter5 %ec. 3. De+nition o( ters, For t&e *-r*ose o( t&is Act, t&e (ollo)ing ters s&all e constr-ed to ean$
$llegal trading in petroleum and+or petroleum products () &eflling o! liquefed petroleum gas c1linders without authorit1 !rom said #ureau, or reflling o! another compan18s or frm8s c1linders without such compan18s compan18s or frm8s written written authorization5 authorization5 ec* /* Penalties* An1 person who commits an1 act herein prohiited shall, upon con%iction, e punished with a fne o! not less than twent1 thousand pesos (P9,999) ut not more than f!t1 thousand pesos (P09,999), or imprisonment o! at least two () 1ears ut not more than f%e (0) 1ears, or oth, in the discretion o! the court* $n cases o! second and susequent con%iction under this Act, the penalt1 shall e oth fne and imprisonment as pro%ided herein* :urthermore, the petroleum and+or petroleum products, su;ect matter o! the illegal trading, adulteration, adulteration, shortselling, hoarding, o%erpricing or misuse, shall e !or!eited in !a%or o! the Go%ernment< Pro%ided, That i! the petroleum and+or petroleum products ha%e alread1 een deli%ered and paid !or, the o=ended part1 shall e indemnifed twice the amount paid, and i! the seller who has not 1et deli%ered has een !ull1 paid, the price recei%ed shall e returned to the u1er with an additional amount equi%alent to such price5 and in addition, i! the o=ender is an oil compan1, mar>eter, distriutor, refller, dealer, su-dealer and other retail outlets, or hauler, the cancellation o! his license* $n particular, particular, respondents were alleged to e reflling hellane, Gasul, Totalgaz, tar?ame, and uper>alan Gaz LPG c1linders and selling, distriuting and transporting the same without the required written authorization !rom the alleged respecti%e owners owners o! these c1linders namel1 namel1,, Pilipina Pilipinass hell Petrole Petroleum um orpora orporation, tion, Petron Petron Gasul orpor orporation ation,, Total (Philipp (Philippines ines)) orpora orporation, tion, alte7 alte7 (Philipp (Philippines) ines) orporation (alte7), and uper>alan Gaz orporation* Acting on the letter-complaint, the "#$-$&' - through its agent @ar%in de emil (De emil) - conducted sur%eillance and test-u1 operations* Petitioners claim that respondents are engaged in the illegal trading and reflling o! hellane, Gasul, Totalgaz, tar?ame, and uper>alan Gaz LPG c1linders, as the1 were not authorized dealers or refllers o! Pilipinas hell Petroleum orporation, Petron Gasul orporation, Total (Philippines) orporation, alte7, and uper>alan Gaz orporation* Additionall1, the1 accuse respondents o! underflling LPG c1linders* To pro%e pro%e illegal trading and reflling, the1 presented presented written certifcations to the e=ect that "ation Gas was not an authorized LPG refller o! Pilipina Pilipinass hell hell Petrole Petroleum um orpora orporation, tion, Petron Petron Gasul Gasul orporat orporation, ion, Total (Philipp (Philippines) ines) orpora orporation, tion, alte7, alte7, and uper>al uper>alan an Gaz orporation* And to pro%e underflling, the1 presented photographs as well as the results o! an e7amination o! the reflled tar?ame LPG c1linder otained through De emil8s test-u1* $ssue< &et&er or not t&ere is infringement involving the illegal trading and the unauthorized relling of the LPG cylinders by the respondents? &uling< The ourt declared that what #P .., as amended prohiits is the reflling and underflling o! a randed LPG c1linder 1 a refller who has no written written authorit1 !rom !rom the rand owner5 owner5 this proceeds proceeds !rom !rom the principle principle that the the LPG rand owner owner is deemed owner owner as well o! the dul1 emossed, stamped and mar>ed LPG c1linders, e%en i! these are in the possession o! its customers or consumers* uch illegal reflling+underflling ma1 e pro%ed 1< 2) conduct o! sur%eillance operations5 ) the conduct o! a test-u15 .) written certifcations !rom LPG companies such as Pilipinas hell Petroleum orporation, Petron Gasul orporation, and Total (Philippines) orporation detailing and listing the entities dul1 authorized to deal in or refll their respecti%e LPG c1linders, and e7cluding a particular LPG trader+refller trader+refller !rom the lists contained in said certifcations5 and /) the written report and fndings on the test and e7amination o! the test-u1 c1linder* Proale %iolation %iolation o! ec* (a) o! #P .., as amended :irst* The test-u1 conducted on April 20, 99/ 1 the "#$ agents, as attested to 1 their respecti%e ada%its, tends to show that 'mni illegall1 reflled the eight randed LPG c1linders !or PhP 2,03* This is a clear %iolation o! ec* (a), in relation to ec* . (c) and / o! #P .., as amended* The criminal complaints, complaints, as clearl1 shown in the complaint-ada%it complaint-ada%itss o! Agent De emil, are not ased solel1 on the seized items pursuant to the search warrants ut also on the test-u1 earlier conducted 1 the "#$ agents*
econd* The written certifcations !rom Pilipinas hell, Petron and Total show that 'mni has no written authorit1 to refll LPG c1linders, emossed, mar>ed or stamped hellane, Petron Gasul, Totalgaz and uper>alan Gaz* $n !act, petitioners neither dispute this nor claim mat 'mni has authorit1 to refll these randed LPG c1linders* Third. Belying petitioners' contention the seized items during the service of the search !arrants tend to sho! that "mni illegally relled branded LPG cylinders !ithout authority. #s petitioners strongly argue even if the branded LPG cylinders !ere indeed o!ned by customers such fact does not authorize "mni to rell these branded LPG cylinders !ithout !ritten authorization from the brand o!ners Pilipinas $hell Petron%& and Total. n (ao $r. v. People a case involving criminal infringement of property rights under $ec. ).** of +# ,-/ in a0rming the courts a 1uo's determination of the presence of probable cause this 2ourt held that from $ec. )**.) of +# ,-/ can be gleaned that 'mere unauthorized use of a container bearing a registered trademar3 in connection !ith the sale distribution or advertising of goods or services !hich is li3ely to cause confusion mista3e or deception among the buyers4consumers can be considered as trademar3 infringement. The 2ourt a0rmed the presence of infringement involving the unauthorized sale of Gasul and $hellane LPG cylinders and the unauthorized relling of the same by 5asagana Gas 2orporation as duly attested to and !itnessed by 6B agents !ho conducted the surveillance and test7buys. $imilarly in the instant case the fact that "mni relled various branded LPG cylinders even if o!ned by its customers but !ithout authority from brand o!ners Perron Pilipinas $hell%& and Total sho!s palpable violation of BP // as amended. #s aptly noted by the 2ourt in (ao $r. v. People only the duly authorized dealers and rellers of $hellane Petron Gasul and by e8tension Total may rell these branded LPG cylinders. "ur la!s sought to deter the pernicious practices of unscrupulous businessmen.
:ourth* The issue o! ownership o! the seized randed LPG c1linders is irrele%ant and hence need no elaoring* #P .., as amended, does not require ownership o! the randed LPG c1linders as a condition sine qua non !or the commission o! o=enses in%ol%ing petroleum and petroleum products* Beril1, the o=ense o! reflling a randed LPG c1linder without the written consent o! the rand owner constitutes the o=ense regardless o! the u1er or possessor o! the randed LPG c1linder* A!ter all, once a consumer u1s a randed LPG c1linder !rom the rand owner or its authorized dealer, said consumer is practicall1 !ree to do what he pleases with the randed LPG c1linder* Ce can simpl1 store the c1linder once it is empt1 or he can e%en destro1 it since he has paid a deposit !or it which answers !or the loss or cost o! the empt1 randed LPG c1linder* Gi%en such !act, what the law mani!estl1 prohiits is the reflling o! a randed LPG c1linder 1 a refller who has no written authorit1 !rom the rand owner, Apropos, a refller cannot and ought not to refll randed LPG c1linders i! it has no written authorit1 !rom the rand owner* #esides, persuasi%e are the opinions and pronouncements 1 the D'< rand owners are deemed owners o! their dul1 emossed, stamped and mar>ed LPG c1linders e%en i! these are possessed 1 customers or consumers* The ourt recognizes this right pursuant to our laws, i*e*, $ntellectual Propert1 ode o! the Philippines* Thus the issuance 1 the D' Eo! F ircular "o* 999-9099, the letter-opinion dated Decemer H, 99/ o! then D' ecretar1 Bincent * Perez addressed to Pilipinas hell, the une 4, 99 letter o! then D' ecretar1 &aphael P*@* Lotilla to the LPG$A, and D' Department ircular "o* 99-29-999 on LPG 1linder 'wnership and 'ligations &elated Thereto issued on 'ctoer 2., 99 1 D' ecretar1 Angelo T* &e1es* :i!th* The ownership o! the seized randed LPG c1linders, allegedl1 owned 1 'mni customers as petitioners adamantl1 pro!ess, is o! no consequence* The law does not require that the propert1 to e seized should 8e owned 1 the person against whom the search warrant is directed* 'wnership, there!ore, is o! no consequence, and it is sucient that the person against whom the warrant is directed has control or possession o! the propert1 sought to e seized* Petitioners cannot den1 that the seized LPG c1linders were in the possession o! 'mni, !ound as the1 were inside the 'mni compound* IC&:'&, the Petition is G&A"TD* The eptemer , 922 Decision and "o%emer 2, 922 &esolution o! the ourt o! Appeals in AG*&* B "o* 3H9 are &B&D and T A$D* The %alidit1 o! earch Iarrant "os* 990-0H and 990-49 is 6TA$"D*
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