Case Digest (G.R. No. 110318)
Facts:
In Columbia Pictures, Inc., et al. v. Court of Appeals; Sunshine Home Video, Inc. and Danilo A. Pelindario (G.R. No. 110318, August 28, 1996), several major American film companies—Columbia Pictures, Orion Pictures, Paramount Pictures, Twentieth Century Fox, United Artists, Universal City Studios, The Walt Disney Company, and Warner Brothers—filed a complaint through their Philippine attorney‐in‐fact, Atty. Rico V. Domingo, with the National Bureau of Investigation (NBI) in late 1987. They alleged that Sunshine Home Video, owned by Danilo A. Pelindario and located at No. 6 Mayfair Center, Magallanes, Makati, Metro Manila, was illegally renting, selling, leasing and distributing pirated videotapes of their copyrighted films, in violation of Section 56 of Presidential Decree No. 49, as amended. After discreet surveillance and the rental of sample tapes by NBI agents and private researchers, NBI Senior Agent Lauro C. Reyes and corroborating witnesses executed affidavits and depositCase Digest (G.R. No. 110318)
Facts:
- Complaint and Investigation
- Petitioners (Columbia Pictures, Orion Pictures, Paramount Pictures, Twentieth Century Fox, United Artists, Universal City Studios, Walt Disney, Warner Brothers) filed a formal complaint with the National Bureau of Investigation (NBI) for violation of Presidential Decree No. 49, as amended, in their anti-piracy campaign.
- NBI agents, aided by private researchers, conducted covert surveillance on Sunshine Home Video, Inc., owned by Danilo A. Pelindario, at Mayfair Center, Magallanes, Makati.
- Application and Issuance of Search Warrant
- On November 14, 1987, NBI Senior Agent Lauro C. Reyes applied for Search Warrant No. 87-053 to seize pirated videotapes, reproduction equipment, TV sets, paraphernalia and other materials used in unlawful exhibition or sale of videograms.
- At the hearing, Reyes reiterated his affidavit, researcher Rene C. Baltazar corroborated, and Atty. Rico V. Domingo (attorney-in-fact of petitioners) gave deposition. Relying on these, the Regional Trial Court issued the warrant on September 5, 1988.
- Execution and Return
- The warrant was served at Sunshine Home Video on December 14, 1987; agents seized numerous pirated copyrighted films and equipment, and furnished Pelindario a seizure receipt.
- A “Return of Search Warrant” was filed December 16, 1987. An urgent motion to lift the warrant was initially denied but, on motion for reconsideration, the trial court quashed the warrant on November 22, 1988 for non-presentation of master tapes.
- Appeals and Petition to the Supreme Court
- Petitioners appealed the quashal order to the Court of Appeals (CA). The CA, relying on the 20th Century Fox doctrine (requiring master-tape presentation), dismissed the appeal and denied reconsideration (July 22, 1992; May 10, 1993).
- Petitioners filed a petition for review on certiorari with the Supreme Court, challenging the CA’s retroactive application of 20th Century Fox and the removal of the search warrant.
Issues:
- Whether foreign petitioners, not licensed to do business in the Philippines, have legal capacity to sue and seek issuance of a search warrant.
- Whether the 20th Century Fox requirement of presenting master tapes for probable cause may be retroactively applied to a warrant issued on December 14, 1987.
- Whether Search Warrant No. 87-053 was validly issued under the law and prevailing jurisprudence at the time of application (probable cause, particularity, procedure).
- Whether non-registration or non-deposit of copyrighted works under PD 49 bars enforcement or invalidates the search warrant.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)