GCSDA Loses BIG Trademark Case in the Philippines
This is the edited vesion of what I wrote to Pastor C. before as he showed
me an online Philippine Supreme Court Decision:
You're right, that is the Court's decision in our favor. It's quite difficult
to understand at once the decision because it has tremendous legal battles before
this and there were so many legal loopholes and opportunities that came on both
sides. I will state the story to the best that I can relate ( the dates may not
be exact).
First, The SDA Bayugan Church ( where I belong ) separated from the main body
sometimes in the 1980's concerning, at first, tithes issues ( It's a long story).
Then, probably, with the idea to stop this so called "rebellious church",
the main body burned to ashes the church building along with a church school
annexed to it and with the intent to kill the people upstairs. We have pictures
to the burned building, you can verify with our national secretary, Pastor Miguel
Yanguas at Davao City (can be contacted at the Celphone no. of his wife: 639192694929)
or with our national president, Pastor Eduardo Labadan with address: Phase 3A,
Villa Paraiso, Ampayon, Butuan City, Philippines ( Can be contacted at celphone
no. 639184181721). All the documents our org. possessed are in their hands. On
how did we know that the main body burned our church building is another long
story. But the main body did not stop, their leaders sued us in court for many
accusations, all did not prosper long in court except for the one you read. It
was about the lot of the church the main body would like to take by virtue of
their title in the name SDA Church of Northeastern Mindanao Mission, applied
by one of their ministers. We lost the court battles from Municipal court, regional
trial court, up to the appelate court. Our last hope then was the Philippine
Suprememe Court. This court will decide with finality and no more appeal can
be made. Our so called legal expert ( not even a lawyer but knowledgeable in
laws), studied this. We pray for God's guidance and asked His intervention every
now and then. Looking at the impossibility of winning at the highest court of
the land, a legal loophole was found by Pastor Miguel Yanguas. The name in the
title acquired by the main body was not registered at the Philippine Securities
and Exchange Commission. We applied for it and we got the name in three days
just enough to meet the deadline for our papers to be submitted to the Supreme
court. I was one of those who labored the whole day and night encoding, editing,
preparing and making the necessary papers sometimes in 2001 ( if right).
So the SDA Bayugan Church then has the name under the Securities and Exchange
Commission as SDA Church of Northeastern Mindanao Mission, Inc so that we can
have a winning streak at the Supreme Court. The court as you can read awarded
the lot to this name. It is in our favor then. But we are not yet through. In
order to take that title from their hands we must make legal maneuvers. But then,
it is sure, the lot is given back to our church. God, with His marvelous works,
blinded the best lawyers the main body has with its powerful and influential
legal division for more than 10 years ( I think 15 years) in court battles. How
could that no registration unnoticed for many years? How could the virtually
no lawyer, destitute and weary organization ( We have no member that has a law
degree up to now.) can see that biggest blunder the main body made.
Pastor C., it is really our biggest gift from God this year. And we will keep
on telling this story to the world how God loves our church.
Well, here in the Philippines, we have the opposite, as to what happened to the
SDA Gen. Conference and to other SDA groups in the U.S.A. That is another blunder
the main body made in the 1990's. Thus, we have the upper hand legally when it
comes to the name SDA. But we do not persecute people or group of people. They
are free to use that name, no problem to us. We believe that though there are
hundreds of people or groups with the same name, they are of different personalities.
Only in name they become the same. We stand to this principle. We also do not
like going to court unless there is necessity to defend our church members or
churches, but it is for defense purposes.
At present, we have radio programs, lay workers in the field shouting to the
whole nation the Last Message of Mercy, particularly the Third Angel's Message
to both SDA's in the main body and to non SDA's. We have but more or less 5,000
members nationwide with no formal affiliation to any religious group. We are
holding national convention every year, during april, and many regional and district
fellowships aroud the country. We still have lots of places to go where no layman
of ours had reached. We do this step by step, little by little as we also think
of our meager resources.
Personally, I am not a pastor. I am simply an unordained worker, helping our
workers in the field thru whatever I can help. I provided them my researches,
documents I can get from the internet, including from your websites, to supply
them of the necessary knowledge, documents, etc. So far, that's all what I was
able to do. The organization appointed me as researcher and lesson chairman.
They also put me as one of the board members. All are in voluntary basis, thus,
no salary or any financial support can be expected. This responsibility is really
big for me, but I did try since 2004 up to the present. I am working as a college
math teacher, where my provision comes from.
Our Pastors and workers, well they have but the meager income of the churches
thru tithes and offerings from our poor members ( really, small people in the
society except for those few).
Well, I hope you got the real picture now of the legal case and of our church.
Just feel free to ask anything you would like to know from our organization.
Your brother in Christ,
Job