Savage Vs Taypin
Savage Vs Taypin
Savage Vs Taypin
134217 May 11, 2000 Facts: Petitioner sought nullification of a search warrant issued by respondent court on the ground that the respondent court has no jurisdiction over the offense since it was not delegated as a special court for Intellectual Property Rights (IPR) and that the application for search warrant should have been dismissed since it was not accompanied by a certification of non-forum shopping. Issue: Whether the search warrant should be nullified on the ground of lack of certification of non-forum shopping. Held: No. The authority to issue search warrants is inherent in all courts. Administrative Order No. 113-95 merely specified which court could try and decide cases involving violations of Intellectual Property Rights. It did not, and could not, vest exclusive jurisdiction with regard to all matters (including the issuance of search warrants and other judicial processes) in any one court. Jurisdiction is conferred upon courts by substantive law; in this case, BP Blg. 129, and not by procedural rule. With respect to the lack of a certification of non-forum shopping, the Rules of Court as amended requires such certification only from initiatory pleadings, omitting any mention of applications