D E C I S I O N
(3rd Division)
MELO, J.:
I. THE FACTS
As a consequence of a complaint filed by the Motion
Picture Association of America, Inc., NBI agents
conducted surveillance operations on certain
video establishments, among them respondent FGT Video Network, Inc.
(FGT), for “unauthorized sale, rental,
reproduction and/or disposition of copyrighted film," a violation of PD
49 (the old Intellectual Property Law). After an NBI agent was able to have copyrighted motion pictures “Cleopatra” (owned by 20th Century Fox) and “The Ten Commandments” (owned by Paramount) reproduced in
video format in FGT, the NBI applied for and was able to obtain from the respondent
judge the subject Search Warrant No. 45 which reads:
TO ANY PEACE OFFICER:
GREETINGS:
It appearing to the
satisfaction of the Undersigned after examining under oath NBI Senior Agent
Lauro C. Reyes and his witnesses Mr. Danilo Manalang and Ms. Rebecca
Benitez-Cruz, that there is a probable cause to believe that Violation of
Section 56 P.D. No. 49 as amended by P.D. No. 1988 (otherwise known as the
Decree on Protection of Intellectual Property) has been committed and that
there are good and sufficient reasons to believe that FGT Video Network, Inc.,
Manuel Mendoza, Alfredo C. Ongyanco, Eric Apolonio, Susan Yang and Eduardo
Yotoko are responsible and have in control/possession at No. 4 Epifanio de los
Santos corner Connecticut, Greenhills, San Juan, Metro Manila (per attached
sketch and list of MPAA member Company Titles) the following properties to wit:
