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    20th Century Fox Vs CA

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    The lower court lifted 3 search warrants against private respondents and ordered seized properties returned because the NBI and witnesses misrepresented that they had personal knowledge of alleged piracy when they did not. Only the petitioner's counsel claimed to have personal knowledge that tapes were pirated, but the lower court did not find this credible as the copyrighted tapes were not shown for comparison. The court found the search warrants were issued without establishing a linkage between copyrighted and allegedly pirated tapes to satisfy probable cause.

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    20th Century Fox Vs CA

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    AM
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    The lower court lifted 3 search warrants against private respondents and ordered seized properties returned because the NBI and witnesses misrepresented that they had personal knowledge of alleged piracy when they did not. Only the petitioner's counsel claimed to have personal knowledge that tapes were pirated, but the lower court did not find this credible as the copyrighted tapes were not shown for comparison. The court found the search warrants were issued without establishing a linkage between copyrighted and allegedly pirated tapes to satisfy probable cause.

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    20th Century Fox vs CA

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    The lower court lifted 3 search warrants against private respondents and ordered seized properties returned because the NBI and witnesses misrepresented that they had personal knowledge of alleged piracy when they did not. Only the petitioner's counsel claimed to have personal knowledge that tapes were pirated, but the lower court did not find this credible as the copyrighted tapes were not shown for comparison. The court found the search warrants were issued without establishing a linkage between copyrighted and allegedly pirated tapes to satisfy probable cause.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    61 views1 page

    20th Century Fox Vs CA

    Uploaded by

    AM
    The lower court lifted 3 search warrants against private respondents and ordered seized properties returned because the NBI and witnesses misrepresented that they had personal knowledge of alleged piracy when they did not. Only the petitioner's counsel claimed to have personal knowledge that tapes were pirated, but the lower court did not find this credible as the copyrighted tapes were not shown for comparison. The court found the search warrants were issued without establishing a linkage between copyrighted and allegedly pirated tapes to satisfy probable cause.

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    © All Rights Reserved
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    of 1

    20th Century Fox v CA Rationale: In the instant case, the lower court lifted the three questioned

    Date (19 August 1988) | Ponente: Gutierrez Jr. search warrants against the private respondents on the ground that it acted on
    the application for the issuance of the said search warrants and granted it on
    Overview: Search warrants were recalled because the NBI and witnesses the misrepresentations of applicant NBI and its witnesses that infringement of
    misrepresented that they had personal knowledge of the piracy. copyright or a piracy of a particular film have been committed
    - As found out by the court, the NBI agents who acted as
    Statement of the Case witnesses did not have personal knowledge of the subject
    - The lower court later on lifted the 3 search warrants and ordered the matter of their testimony which was the alleged
    NBI to return the properties that were seized. commission of the offense by the private respondents.
    - CA dismissed MRs. - Only the petitioner's counsel who was also a witness
    during the application for the issuance of the search
    Statement of Facts warrants stated that he had personal knowledge that the
    confiscated tapes owned by the private respondents were
    - August 26, 1985: a letter-complaint by petitioner 20thCentury Fox Film
    pirated tapes taken from master tapes belonging to the
    Corporation through counsel sought the National Bureau of petitioner. However, the lower court did not give much
    Investigation's (NBI) assistance in the conduct of searches and seizures credence to his testimony in view of the fact that the
    in connection with the latter's anti-film piracy campaign. master tapes of the allegedly pirated tapes were not
    - Specifically, the letter-complaint alleged that certain videotape outlets shown to the court during the application.
    all over Metro Manila are engaged in the unauthorized sale and renting - The essence of a copyright infringement is the similarity
    out of copyrighted films in videotape form which constitute a flagrant or at least substantial similarity of the purported pirated
    violation of Presidential Decree No. 49(otherwise known as the Decree works to the copyrighted work. Hence, the applicant must
    on the Protection of Intellectual Property). present to the court the copyrighted films to compare
    them with the purchased evidence of the video tapes
    - Acting on the letter-complaint, the NBI conductedsurveillance and
    allegedly pirated to determine whether the latter is an
    investigation of the outlets pinpointed bythe petitioner and
    unauthorized reproduction of the former. This linkage of
    subsequently filed three (3) applicationsfor search warrants. the copyrighted films to the pirated films must be
    - September 4, 1985: the lower court issued the desired search warrants. established to satisfy the requirements of probable cause.
    - The NBI accompanied by the petitioner's agents, raided the video Mere allegations as to the existence of the copyrighted
    outlets and seized the items described therein. films cannot serve as basis for the issuance of a search
    - An inventory of the items seized was made and left with the private warrant.
    respondents. - Search warrant must contain a specific description of the
    - The lower court later on lifted the 3 search warrants and ordered the articles to be seized. General warrants are constitutionally
    NBI to return the properties that were seized. objectionable.

    Applicable Laws: Section 2, Article Ill, 1987 Constitution.


    Judgment: Petition dismissed.
    Issues: Was there grave abuse of discretion on the part of the lower court when
    it lifted the search warrants it earlier issued against the private respondents?
    No.

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