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G.R. No. 195956, 1 March 2015 Ponente: Justice Marvic F. Leonen Facts
G.R. No. 195956, 1 March 2015 Ponente: Justice Marvic F. Leonen Facts
FACTS
ISSUES
HELD
The Supreme Court PARTIALLY GRANTED ABS-CBN’s petition and ordered RTC
Q.C. Branch 93 to continue with the criminal proceedings against Grace Dela
Peña-Reyes and John Oliver Manalastas due to copyright infringement.
The other respondents, Atty. Felipe Gozon, Gilberto Duavit Jr., Marissa L.
Flores, and Jessica A. Soho were held not liable for the (criminal) act of
copyright infringement. The Court held that their mere membership in
GMA7's Board of Directors does not mean that they have knowledge,
approval, or participation in the criminal act of copyright infringement., as
there is a need for their direct/active participation in such act. Also, there
was lack of proof that they actively participated or exercised moral
ascendancy over Manalastas and Dela Cruz-Pena.
Contrary to GMA’s contention, the Supreme Court deemed GMA's mere act of
rebroadcast of ABS-CBN’s news footage (arrival and homecoming of OFW
Angelo dela Cruz at NAIA from Iraq last 22 July 2004) for 2 mins and 40
secs.without the latter's authority creates probable cause to find GMA's news
personnel Manalastas and Dela Peña-Reyes criminally liable for violating
provisions of Intellectual
Property Code (Section 216217 of RA 8293, as amended) that imposes strict
liability for copyright infringement, since they have not been diligent in their
functions to prevent that footage from being aired on television. They knew
that there would be consequences in carrying ABS-CBN’s footage in their
broadcast – which is why they allegedly cut the feed from Reuters upon
seeing ABS-CBN’s logo and reporter.
The difference of an act mala in se and mala prohibita was stated in the
present case. Acts mala in se requires presence of criminal intent and the
person's knowledge of the nature of his/her act, while in acts mala prohibita,
presence of criminal intent and the person's knowledge is not necessary. The
Court also stated that Philippine laws on copyright infringement does not
require criminal intent (mens rea) and does not support good faith as a
defense. Thus, the act of infringement and not the intent is the one that
causes the damage.
It held that ABS -CBN's video footage is copyrightable because it is under
“audiovisual works and cinematographic works and works produced by a
process
/archie.manansala
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