ABS-CBN

Corp. vs. Gozon (G.R. No. 195956, 11 March 2015)

DOJ –CA – SC part::

CA Resolution granted TRO to prevent enforcement of Agra Resolution.

Agra Resolution:

o reversed the Gonzalez Resolution – good faith is a defense and withdrawal of OCP
resolution
o found probable cause to charge Dela Peña- Reyes and Manalastas for violation of the
Intellectual Property Code.
o Secretary Agra also found probable cause to indict Gozon, Duavit, Jr., Flores, and
Soho for the same violation.
o QC-OCP ordered to file Information for violation of Sections 177 and 211 of the
Intellectual Property Code

then there is CA Decision granting the petition for certiorari – Agra committed errors of jurisdiction

Last issue in the SC: whether the Court of Appeals was correct in overturning Secretary Agra’s finding
of probable cause. - YES

• Secretary Agra committed grave abuse of discretion when he ordered the filing of the Information
against respondents Gozon, Duavit, Jr., Flores, and Soho despite the erroneous piercing of the
corporate veil and despite lack of proof of their actual participation in the alleged crime.
o Mere membership in the Board or being President per se does not mean knowledge,
approval, and participation in the act alleged as criminal. There must be a showing of
active participation, not simply a constructive one.

RULINGS:

• Agra Resolution reinstated but only as to Dela Pena-Reyes and Manalastas

• RTC-QC is directed to continue the criminal proceedings