Francisco Joaquin vs Franklin Drilon GR No. 108946, January 28, 1999

Facts:

BJ Productions, Inc (BJPI) is a holder of a Certificate of Copyright no. M922 issued on January 28, 1971 of “Rhoda and Me” which is a dating show aired from 1970 to 1977. It submitted to the National Library an addendum its certificate of copyright specifying the show’s format and style of presentation. While watching the television, its President, Francisco Joaquin saw on RPN Channel 9 the episode on “It’s a Date” produced by IXL Productions. He wrote a letter to IXL’s president Gabriel Zosa informing him that BJPI has a copyright of the same format as shown on their “It’s a Date” show in their “Rhoda and Me” show. Zosa sought to register IXL’s copyright to their first episode of “It’s a Date” to the National Library. Petitioner filed a complaint in violation of PD No. 49 against the respondent before the RTC of Quezon City. Respondent sought a review of the resolution from the Asst. City Prosecutor before the Department of Justice.

Sec. of Justice Franklin Drilon directed to move for dismissal of the case against the respondents and denied the petitioner’s motion for reconsideration hence this petition before the Supreme Court.

Manly Sportswear Manufacturing Inc. v Dadodette Enterprises and/or Hermes Sports Center GR No. 165306, September 20, 2005

Facts:

The NBI secured a search warrant on March 14, 2003 from the RTC to act upon the information that respondents were in possession of goods copyright of which belongs to the petitioner. Finding reasonable grounds in violation of Section 172 and 217 of RA 8293 a search warrant was issued. Respondents move to quash and annul the search warrant contending it is invalid and the requisites for its issuance are not complied with. They insist that the sporting goods manufactured and registered in the name MANLY is just ordinary and common and not among the classes protected under RA 8293. The court granted the motion to quash declaring the search warrant null and void because there were certificates of registrations issued earlier than MANLY for the same sporting goods under various brands thereby negating the fact that their products are copyrighted and original creations. Motion for reconsideration was denied by the appellate court sustaining the lower court’s decision thus this instant petition for review for certiorari.