G.R. No. L-33722 - Ylarde vs. Aquino

Petitioners Francisco G. Joaquin, Jr. and BJ Productions, Inc. (BJPI) are involved in the case seeking to annul the resolution of the Department of Justice (DOJ).
BJPI is the holder of Certificate of Copyright No. M922 dated January 28, 1971, for the television dating game show "Rhoda and Me," which aired from 1970 to 1977.
On June 28, 1973, BJPI submitted an addendum to its certificate specifying the show's format and style of presentation.

On July 14, 1991, petitioner Joaquin saw on RPN Channel 9 a show called "It's a Date," produced by IXL Productions, Inc. (IXL).
Joaquin wrote to Gabriel M. Zosa, president of IXL, on July 18, 1991, asserting BJPI's copyright of "Rhoda and Me" and demanding cessation of "It's a Date."
Zosa apologized and sought a settlement meeting but continued airing the show.
Joaquin sent a second letter on July 25, 1991 reiterating his demands and threatening legal action.
IXL registered a copyright for the first episode of "It's a Date" with the National Library on August 14, 1991.

Complaint for violation of P.D. No. 49 (copyright law) was filed against Zosa and officers of RPN Channel 9 (William Esposo, Felipe Medina, and Casey Francisco) in the Regional Trial Court (RTC) of Quezon City, docketed as Criminal Case No. 92-27854.
Zosa sought review of the Assistant City Prosecutor's resolution before the DOJ.
On August 12, 1992, Secretary of Justice Franklin M. Drilon reversed the Assistant City Prosecutor’s finding of probable cause and directed dismissal of the case.
Joaquin filed a motion for reconsideration, denied on December 3, 1992.

Petitioners argue the Secretary of Justice gravely abused discretion by invoking the non-presentation of the master tape as fatal to probable cause.
Petitioners contend the Secretary of Justice improperly determined the copyrightable nature of the show's format, a question they claim is exclusively judicial.
Respondents argue petitioners failed to show probable cause due to lack of master tape and that copyright did not cover show formats or concepts.

Whether the Secretary of Justice gravely abused discretion in dismissing the case for lack of probable cause based on the absence of the master tape during preliminary investigation.
Whether the Secretary of Justice exceeded jurisdiction by determining the copyrightability of the show's format.
Whether the format or general concept of a television show is protected by copyright under P.D. No. 49.
Whether presentation of the master tape during preliminary investigation is indispensable to establish probable cause for copyright infringement.