Wine firm asks court to quash search warrant

Lawyers of Uy Masuy Wine Factory yesterday filed a motion to quash the search warrant that policemen used in raiding the firm's warehouses in Taboc, Mandaue City and barangay Mabolo, Cebu City Friday night.

Judge Gabriel Ingles issued the warrant that elements of the Criminal Investigation and Detection Group, led by Intelligence chief Rex Derilo, implemented by raiding the two warehouses resulting in the confiscation of a total of 18,000 boxes of bottles.

The warrant came after Tanduay Distillers Inc. complained that Uy Masuy allegedly utilized Tanduay bottles as containers for its Fighter Wine products-a violation of the Republic Act 623 of the intellectual property rights.

Uy Masuy's lawyers Glen Villariza and Joseph Baduel however countered that Uy Masuy did not violate the law because the firm had "purchased from and was allowed to use Tanduay bottles by the manufacturer" of the bottles, Asia Brewery Inc., a supplier and affiliate of Tanduay Distillers Inc.

The lawyers said ABI vice president for packaging Bennie Yang allegedly offered the bottles to Uy Masuy because these were excess stocks and already obsolete.

This matter has been covered with receipts and bills of lading to prove that the items were bought from ABI and transported to Uy Masuy, which in turn used these as containers of its Fighter Wine products, said the lawyers.

They cited Section 5 of RA 623, which states: "No action shall be brought…against any person to whom the registered manufacturer, bottler or seller, seller has transferred by way of sale, any of the containers herein referred to, but the sale of the beverage contained in the said containers shall not include the sale of the containers unless specifically provided."

Tanduay Distillers, through ABI, "had sold these bottles, with the Tanduay logo" to Uy Masuy to be used as containers of the latter's products, they said.

However, Tanduay's lawyer Rey Mayol said ABI is only the manufacturer of the bottles but Tanduay solely owned these bottles and the logo embossed on these items is duly patented.

"It would be foolish for Tanduay to sell its won bottles to any competing company," said Mayol adding that ABI's operations and administration are distinct to Tanduay.

Uy Masuy' lawyers contested the warrant saying it "violates the rule that things to be seized must be particularly described. It was a shotgun and all-embracing search warrant."

The application for the warrant only described Tanduay Rhum 65 marked bottles but in the issued warrant the general description tended to cover all types of Tanduay bottles.

Judge Ingles had set the hearing of Uy Masuy's motion this Thursday afternoon. Tanduay is also set to file a case against Uy Masuy next week, or after the segregation and inventory of the seized bottles are finished by next week.