Trading company cries frame-up in infringement case

MANILA, Philippines - Two accomplices of an alleged agent of a Swedish company have admitted planting fake hardware tools they bought in Quiapo, Manila and using an invoice made on Recto Avenue to get a search warrant from a Nueva Ecija court to be served on a warehouse in Bulacan.

These civilians, not the required police personnel, also allegedly conducted the search themselves at an address not specified in the warrant.

The “seized goods” were allegedly brought to a private warehouse and turned over to the court only eight days later, and not immediately as court rules require.

Renato Antonia and Ben Roger Lucero said they planted the fake tools and produced the fake receipt allegedly on orders of Jairus Abiera, who claimed to represent the Swedish company Kapman Aktiebolag that makes tools with Bahco and Fish and Hook brands.

Wilfred Co, whose Herco Trading owned the Bulacan warehouse, said in a counter-affidavit filed with the Department of Justice late last week that it was all a frame-up.

He asked that the trademark infringement case Abiera filed against Herco be dismissed and the search warrants quashed.

Herco, in turn, had sued Abiera in Nueva Ecija and in Manila for alleged falsification, use of falsified documents, and perjury.

The complaint, Herco lawyer Albert Velasco said in a statement, also cited another “judicial shortcut” when Abiera returned the search warrant as required.

Velasco said Abiera, in making the return, allegedly swore before a clerk of court instead of a judge who was the one with the authority.

Velasco said it was impossible for Abiera and his men to buy any item from Herco’s Bulacan warehouse because it was a mere repository of goods.

“No sales are conducted there, which explains why Abiera did not have real receipts and had to go to Recto to falsify one, and to buy fake tools in Quiapo that they planted to get the search warrant,” Velasco said.