Professional Documents
Culture Documents
Petition for Certiorari and Prohibition TRO prayer by MWSS. Argued that its
real properties in Quezon City were exclusively devoted to public use, and
thus, were exempt from real property tax.
CA said since MWSS was not a municipal corporation, it could not invoke the
immunity granted in Section 133(o) of the Local Government Code. Found
that even if MWSS was an instrumentality of the government, it was not
performing a purely governmental function. Thus, no immunity.
CA said taxed properties were not part of the public dominion, but were even
made the subject of concession agreements between MWSS and private
concessionaires due to its privatization in 1997. Proprietary functions; thus,
subject to real property tax.
ABS-CBN CORPORATION, Petitioner, vs.
FELIPE GOZON, GILBERTO R. DUAVIT, JR., MARISSA L. FLORES,
JESSICA A. SORO, GRACE DELA PENA-REYES, JOHN OLIVER T.
MANALASTAS, JOHN DOES AND JANE DOES, Respondents.
The Court also gave the four-fold test under the Fair Use Doctrine (stated in
section 185 of RA 8293 or the Intellectual Property Code, as amended) to
determine fair use: a. The purpose and character of the use, including
whether such use is of a commercial nature or is for non-profit educational
purposes; b. The nature of the copyrighted work; c. The amount and
substantiality of the portion used in relation to the copyrighted work as a
whole; and d. The effect of the use upon the potential market for or value of
the copyrighted work. Fair use, which is an exception to copyright owner’s
monopoly of the work's usage, was defined by the Supreme Court as
privilege to use the copyrighted material in a reasonable manner without the
copyright owner's consent or by copying the material's theme or idea rather
than its expression. It also said that determination of whether the Angelo
dela Cruz footage is subject to fair use is better left to the trial court where
the proceedings are currently pending. 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.
CIVIL LAW
RP opposed this, saying that Anglo Sr., is a purchaser in bad faith because
he did not ascertain the legal condition of the title he was buying.
ISSUES: 1. Whether or not Anglo Sr., and Anglo Agricultural Corporation are
entitled to an award of damages from the Assurance fund.
2. Whether or not Anglo Sr., and Anglo Agricultural Corporation should have
impleaded de Ocampo in their complain for recovery of damages from the
Assurance Fund.
HELD: 1. No. Respondents do not meet the criteria set to recover damages
from the Assurance Fund.
In the sale to Anglo Sr., by de Ocampo, the former was in good faith.
Individuals who rely on a clean certificate of title in making the decision to
purchase the real property are often referred to as innocent purchasers for
value and in good faith. However, Anglo Sr. no longer had an interest over
the lots after he had transferred these to Anglo Agricultural Corporation in
exchange for shares of stock. Hence, he no longer has a claim from the
Assurance Fund. Anglo Agricultural Corporation cannot be considered as a
transferee in good faith because it was already aware of the title’s notices of
lis pendens. Thus, it also has no right to claim damages from the Assurance
Fund. The governing law at the time of the transactions in this case is
Presidential Decree No. 1529. Based solely on Section 95 of Presidential
Decree No. 1529, the following conditions must be met:
1. the individual must sustain loss or damage, or the individual is
deprived of land or any estate or interest.
2. the individual must not be negligent.
3. the loss, damage, or deprivation is the consequence of either.
(a) fraudulent registration under the Torrens system after
the land’s original registration, or
(b) any error, omission, mistake, or misdescription in any
certificate of title or in any entry or memorandum in the
registration book.
4. the individual must be barred or otherwise precluded under
the provision of any law from bringing an action for the recovery of
such land or the estate or interest therein.
Anglo Agricultural Corporation does not meet the first requisite. It no longer
suffered a loss due to respondent Anglo Sr.’s undertaking to assume all
liability in the agreement