Case Digest (G.R. No. 166391) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Microsoft Corporation vs. Rolando D. Manansala and/or Mel Manansala, doing business as Dataman Trading Company and/or Comic Alley (G.R. No. 166391, October 21, 2015; decision promulgated June 27, 2016), petitioner Microsoft Corporation, owner of the copyrights and trademarks to various computer software, filed an Affidavit-Complaint before the Department of Justice (DOJ) against respondents Rolando D. Manansala and Mel Manansala, operators of Dataman Trading Company/Comic Alley in Manila, for alleged violation of Section 29 of Presidential Decree No. 49. Following a test purchase on November 3, 1997 by a private investigator and an NBI agent, a search warrant was issued on November 17 and served two days later, yielding multiple infringing CD-ROMs. Despite this seizure, the State Prosecutor dismissed the charge on March 20, 2000 for “lack of evidence” that respondents themselves copied the software; a Motion for Partial Reconsideration was denied on May 15, 2001, and a petiti Case Digest (G.R. No. 166391) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties
- Microsoft Corporation (petitioner) – owner of copyrights and trademarks for various Microsoft computer programs.
- Rolando D. Manansala and/or Mel Manansala, doing business as Dataman Trading Company and/or Comic Alley (respondent).
- Underlying Acts
- Respondent sold and distributed unauthorized copies of Microsoft software at his store in University Mall Building, Taft Ave., Manila.
- On November 3, 1997, a test purchase of six CD-ROMs was made; search warrant issued November 17 and executed November 19, yielding pirated Microsoft programs.
- Procedural History
- Petitioner filed an Affidavit-Complaint with the Department of Justice (DOJ); on March 20, 2000, the DOJ dismissed the charge under Section 29, Presidential Decree No. 49 for lack of evidence and recommended prosecution under Article 189, RPC. A motion for reconsideration was denied on May 15, 2001, and a petition for review was denied on January 27, 2003.
- Petitioner filed certiorari in the Court of Appeals (CA). On February 27, 2004, the CA denied the petition, affirming the DOJ orders. A motion for reconsideration was denied December 6, 2004. Petitioner elevated the case to the Supreme Court (G.R. No. 166391).
Issues:
- Whether the crime of copyright infringement under Section 29, P.D. 49 requires proof of printing or copying by the respondent.
- Whether the mere sale of pirated computer software is sufficient to establish probable cause and constitute copyright infringement.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)