Pag-Iribang Bicolnon, Inc. vs. Philippine Federation of Pag-Iribang Bicolnon

[SEC CASE NO. 3045. August 21, 1987.] PAG-IRIBANG BICOLNON, INC. , petitioner , vs . PHIL. FEDERATION OF PAG-IRIBANG BICOLNON , respondent . O R D E R This treats of petitioner's application for the issuance of a writ of preliminary injunction, alleging, among other things, that petitioner was incorporated and registered with this Commission on November 9, 1983 under Reg. Cert. No. 117294; that from date of its incorporation and even before, petitioner has been using "PAG-IRIBANG BICOLNON" as its official name and of which it is know to the public, and by virtue of its registration, petitioner has acquired prior right to use said corporate name; that on March 27, 1986, respondent registered with this Commission its incorporation papers, illegally using and appropriating petitioner's corporate name "PAG-IRIBANG BICOLNON"; that respondent persists on using and continues to appropriate petitioner's name with impunity, sowing confusion and deception among the public. EDaHAT During the hearing on the incident on January 23, 1987, petitioner corporation through its president, George Agregado, appeared while respondent's counsel failed to appear despite due notice. Thereupon, petitioner's president proceeded to present his evidence on the incident and made himself available as witness, after which another hearing was scheduled on April 9, 1987 for cross-examination by respondent of witness Agregado. On said hearing, petitioner through its president Mr. George Agregado, appeared, while respondent's representative Carlota Gabriel appeared. The Commission then rules that respondent had been deemed to have waived its right to cross-examine witness Agregado and set the continuation of the hearing. On the incident for reception of evidence for the respondent for April 15, 1987. During the April 15, 1987 hearing, however, respondent's counsel again failed to appear, while petitioner's president George Agregado appeared. Said Mr. Agregado orally moved that the incident be deemed submitted for resolution considering that nobody from the adverse party appeared, which oral motion was granted in open hearing. Thus, respondent filed its motion for reconsideration of the Order of this Commission, dated April 15, 1987 which was denied on July 20, 1987. At the hearing on the incident, petitioner, through its president presented testimonial as well as documentary evidence. The controlling issued to be resolved in this incident is whether or not injunction will lie. After a careful perusal of the records of the case, the Commission finds that petitioner was registered with the Securities and Exchange Commission on November 9, 1983, and respondent on April 10, 1986, and both are non-stock corporations. AETcSa It cannot escape the observation of this Commission that the respondent's name "PHILIPPINE FEDERATION OF PAG-IRIBANG BIKOLNON, INC." carries with it the impression that the same is the umbrella of several existing organizations of various Bicol associations nationwide. This observation is complemented by the representations made by respondents through its president Atty. Sancho Almeda in his press releases dated March 23, 1986 and June 16, 1987 of the Manila Daily Bulletin, thus, making it appear that petitioner is affiliated with respondent. Obviously, this situation creates doubts and confusions not only among the members but the public as well because at times, the name "PAG-IRIBANG BICOLNON, INC." is being mis-associated with "PHILIPPINE FEDERATION OF PAG-IRIBANG BICOLNON, INC." (See T.S.N. pp. 20, Jan. 23, 1987). In view of the foregoing, we believe that petitioner has established its right to the injunctive relief prayed for. WHEREFORE, let the writ of preliminary prohibitory injunction be issued, effective upon filing of a bond in the sum of TEN THOUSAND (P10,000.00) PESOS, Philippine Currency, to answer for damages, if any, that respondents may suffer should the Commission later on decide that the petitioner is not entitled thereto, enjoining the respondent, its board of directors and officers, its agents representatives, or attorneys, from continuing with the use of the petitioner's corporate name "PAG-IRIBANG BICOLNON." cDIHES SO ORDERED. (SGD.) ANTERO F.L. VILLAFLOR, JR. Hearing Officer