DOJ panel recommends suit vs Davao traders

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Tuesday, December 10, 2013

A SPECIAL panel of prosecutors from the Department of Justice (DOJ) found probable cause to file charges of unfair competition against Davao City-based businessmen for alleged involvement in counterfeiting fertilizer products of Amigo Planters.

The DOJ recommended the filing of charges against Jerry T. Go and Jocelyn Dawa de Vera, owners of Davao City-based Toplas Inc. for violation of Section 168 in relation to Section 170 of R.A. 8293 after a month-long surveillance by the police revealed that Toplas Inc. sold several hundreds of Amigo Planters-marked sacks which was allegedly not authorized by La Filipina Uygongco Corp., the owner of the Amigo Farmers brand.

La Filipina had complained that their products were being adulterated, sold and distributed as genuine in various establishments and warehouses in Davao and nearby provinces.

Based on police reports, the adulterated fertilizer were sold in sacks printed at the factory of Toplas Inc.

These were used to pack counterfeit Amigo Planters products that were sold in the market to unsuspecting farmers.

The 19-page DOJ Resolution was supported by the findings of Supt. Jacinto R. Malinao, Jr., the deputy chief of the Anti-Organized Crime Division of the PNP-CIDG at Camp Crame, QC, SPO3 Abelardo Salaysay and PO2 Cecilio Domingo.

Go and de Vera filed a motion for reconsideration for the DOJ Resolution that was issued on June 8, 2013.

The case filed against the management of Toplas Inc. is part of a series of cases instituted by the police and the DOJ against violators of Presidential Decree No. 1144, which punishes the adulteration of fertilizer, including its mislabeling, to protect the end consumer and farmers.

Published in the Sun.Star Davao newspaper on December 10, 2013.

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