Samson and Denial
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Samson then prepares to go to his little brothers and take care of some other business, counting the take from their lucrative side line of pill dealing. From this point this go from zero to shitstorm, as Samson finds his world not only ripped apart at the seams but he finds that he can't trust anyone or anything This short novelette is good. It's Lansdale good with everything from double crossing drug dealers and Russian mobsters to modern witch cults, magic and then there's that head. Ford writes in a seamless banter that makes it easy to picture the man just sitting across from you at the bar and regaling you with this tale as though it really happened to him.
He's a master.
When Bob told me he had a new novella coming this year, I was ecstatic. After seeing him read the opening chapter at this summer's Scares That Care weekend. I bought it immediately. Ford loves the underdog Something as simple as trying to overcome all of this by getting in shape can't even go Murph's way. When he sets out jog a little of the anger and stress away, things go pear-shaped. It begins when Haddon, the septic fellow chases him in his shit tanker and just ratchets weirder and weirder--I'm talking witches and murder and perhaps a swamp monster. Every bit as charming and fun as the other book.
With costs to Petitioners. The warrants were served on August 27, ,  and as the result products bearing Caterpillar's Core Marks were seized and confiscated. Consequently, on the basis of the search warrants issued by the various courts, Caterpillar again instituted criminal complaints in the DOJ for violation of Section Abad, issued a joint resolution dated August 21, dismissing the complaint upon finding that there was no probable cause to charge Samson with unfair competition.
Caterpillar filed a motion for reconsideration, but the CA denied the motion for its lack of merit on February 12, Issues Caterpillar submits that the CA erred as follows: G.
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Q would not be decisive of the guilt of Samson for unfair competition in Criminal Cases Nos. Daway  that Civil Case No. Q was an independent civil action under Article 33 of the Civil Code and, as such, could proceed independently of the criminal actions. In sum, the issues to be resolved in these consolidated cases are: firstly, whether or not the CA committed a reversible error in ruling that the trial court a quo did not commit grave abuse of discretion in suspending the criminal proceedings on account of a prejudicial question; and, secondly, whether or not the CA committed reversible error in upholding the decision of the Secretary of Justice finding that there was no probable cause to charge Samson with unfair competition.
Rulings of the Court G. We note, to begin with, that Civil Case No. Q were the criminal prosecution of Samson for unfair competition. A common element of all such cases for unfair competition — civil and criminal — was fraud. Under Article 33 of the Civil Code, a civil action entirely separate and distinct from the criminal action may be brought by the injured party in cases of fraud, and such civil action shall proceed independently of the criminal prosecution.
In view of its being an independent civil action, Civil Case No. Q did not operate as a prejudicial question that justified the suspension of the proceedings in Criminal Cases Nos. In fact, this issue has already been raised in relation to the suspension of the arraignment of Samson in Criminal Cases Nos. Q in Samson v. Daway,  and the Court resolved it against Samson and in favor of Caterpillar thusly: Anent the second issue, petitioner failed to substantiate his claim that there was a prejudicial question.
In his petition, he prayed for the reversal of the March 26, order which sustained the denial of his motion to suspend arraignment and other proceedings in Criminal Case Nos.
Peter Samson | Cipriani & Werner
For unknown reasons, however, he made no discussion in support of said prayer in his petition and reply to comment. Neither did he attach a copy of the complaint in Civil Case No. Q nor quote the pertinent portion thereof to prove the existence of a prejudicial question. At any rate, there is no prejudicial question if the civil and the criminal action can, according to law, proceed independently of each other. Under Rule , Section 3 of the Revised Rules on Criminal Procedure, in the cases provided in Articles 32, 33, 34 and of the Civil Code, the independent civil action may be brought by the offended party.
It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In the case at bar, the common element in the acts constituting unfair competition under Section of R. Pursuant to Article 33 of the Civil Code, in cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party.
Hence, Civil Case No. Q, which as admitted by private respondent also relate to unfair competition, is an independent civil action under Article 33 of the Civil Code.
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As such, it will not operate as a prejudicial question that will justify the suspension of the criminal cases at bar. A prejudicial question is that which arises in a civil case the resolution of which is a logical antecedent of the issues to be determined in the criminal case. It must appear not only that the civil case involves facts upon which the criminal action is based, but also that the resolution of the issues raised in the civil  action will necessarily be determinative of the criminal case. Judge Coscolluela, Jr. It comes into play generally in a situation where a civil action and a criminal action are both pending and there exists in the former an issue which must be preemptively resolved before the criminal action may proceed, because howsoever the issue raised in the civil action is resolved would be determinative juris et de jure of the guilt or innocence of the accused in the criminal case.
An action for the cancellation of trademark like Civil Case No. Q is a remedy available to a person who believes that he is or will be damaged by the registration of a mark. Q involved the determination of whether or not Samson had given his goods the general appearance of the goods of Caterpillar, with the intent to deceive the public or defraud Caterpillar as his competitor. As fittingly put in R. Ang,  " one may be declared unfair competitor even if his competing trade-mark is registered. Firstly, Caterpillar assailed the resolution of the Secretary of Justice by filing a petition for review under Rule 43 of the Rules of Court.
Such resort to the petition for review under Rule 43 was erroneous,  and the egregious error warranted the denial of the appeal. The petition for review under Rule 43 applied to all appeals to the CA from quasi-judicial agencies or bodies, particularly those listed in Section 1 of Rule However, the Secretary of Justice, in the review of the findings of probable cause by the investigating public prosecutor, was not exercising a quasi-judicial function, but performing an executive function. Thus, the CA could not reverse or undo the findings and conclusions on probable cause by the Secretary of Justice except upon clear demonstration of grave abuse of discretion amounting to lack or excess of jurisdiction committed by the Secretary of Justice.
And, secondly, even discounting the technicalities as to consider Caterpillar's petition for review as one brought under Rule 65, the recourse must still fail. Probable cause for the purpose of filing an information in court consists in such facts and circumstances as would engender a well-founded belief that a crime has been committed and the accused may probably be guilty thereof. It is a sound judicial policy to refrain from interfering with the determination of what constitutes sufficient and convincing evidence to establish probable cause for the prosecution of the accused.
In not finding probable cause to indict Samson for unfair competition, State Prosecutor Abad as the investigating public prosecutor discharged the discretion given to him by the law.
Samson & Denial
Specifically, he resolved as follows: It appears from the records that respondent started marketing his class 25 products bearing the trademark Caterpillar as early as Upon the strength of this registration, respondent continued with his business of marketing shoes, slippers, sandals, boots and similar Class 25 items bearing his registered trademark "Caterpillar".
There being no evidence to controvert the fact that respondent's Certificate of Registration No.
xibrisalreta.tk Complainant's argument that respondent may still be held liable for unfair competition by reason of his having passed on five 5 other Caterpillar products like "Cat", "Caterpillar", "Cat and Design", "Walking Machines" and "Track-Type Tractor Design" is equally difficult to sustain. As may be gleaned from the records, respondent has been engaged in the sale and distribution of Caterpillar products since leading to the establishment of numerous marketing outlets.
As such, it would be difficult to assail the presumption that respondent has already established goodwill insofar as his registered Caterpillar products are concerned. On the other hand, complainant's registration of the other Caterpillar products appears to have been caused only in In this premise, respondent may be considered as prior user, while the latter, a subsequent one.
Jurisprudence dictates that prior user of the trademark by one, will controvert the claim by a subsequent one. Such authority is exclusive, and the courts are prohibited from encroaching on the executive function, unless there is a clear showing of grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the public prosecutor or the Secretary of Justice. As declared in Callo-Claridad v. Esteban:  A public prosecutor alone determines the sufficiency of evidence that establishes the probable cause justifying the filing of a criminal information against the respondent because the determination of existence of a probable cause is the function of the public prosecutor.
Generally, the public prosecutor is afforded a wide latitude of discretion in the conduct of a preliminary investigation. Consequently, it is a sound judicial policy to refrain from interfering in the conduct of preliminary investigations, and to just leave to the Department of Justice the ample latitude of discretion in the determination of what constitutes sufficient evidence to establish probable cause for the prosecution of supposed offenders.