This case has been cited 2 times or more.
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2015-10-21 |
BERSAMIN, J. |
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| The "gravamen of copyright infringement," according to NBI-Microsoft Corporation v. Hwang:[13] | |||||
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2007-09-28 |
AUSTRIA-MARTINEZ, J. |
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| However, it is sometimes necessary to delve into factual issues in order to resolve allegations of grave abuse of discretion as a ground for the special civil action of certiorari and prohibition.[10] In Filadams Pharma, Inc. v. CA,[11] one of the issues resolved by this Court was whether or not the DOJ committed grave abuse of discretion in affirming the dismissal of therein petitioner's complaint-affidavit. In resolving said issue, the Court proceeded to determine factual and evidentiary matters in order to ascertain whether there was probable cause warranting the filing of information for estafa against the private respondent therein. In the same manner, in NBI-Microsoft Corporation v. Hwang,[12] this Court, in resolving whether the DOJ acted with grave abuse of discretion in not finding probable cause to charge therein respondents with copyright infringement and unfair competition, proceeded to determine the sufficiency of evidence to support a finding of probable cause against said respondents. | |||||