40 Columbia Pictures, Inc, Paramount, Disney, Warner, 20th Century Fox, etc v.

CA

FACTS
NBI applied for 3 search warrants against Tube Video Enterprises and Cham, Blooming Rose Tape
Center and Uy, and Video Channel and Nabong for violation of PD 49 granted after personal
examination by Hon. Austria
o NBI Agent Reyes stated in the application under oath that the respondents had possession and
control over
1. Pirated video tapes of the copyrighted motion pictures/films the titles of which are mentioned
in the attached list;
2. Posters, advertising leaflets, flyers, brochures, invoices, journals, ledgers, job order slips,
delivery slips, stickers and books of account bearing and/or mentioned the pirated films with
titles x x x, or otherwise used in the videogram business or activities of the defendants; sold,
leased, distributed or possessed for the purpose of sale, lease, distribution, circulation or public
exhibition, journals, ledgers, job order slips, delivery slips, stickers and books of accounts used
in the unlawful videogram business or activities of the defendants; and
3. Television sets, video cassette and/or laser disc recorders, dubbing machines, rewinders, film
projectors, U-matic machines, image enhancers, dubbing machines, tape head cleaners,
converters, accessories, equipment and other machines and paraphernalia, materials or
empty/erasable video tapes and master copies used or intended to be used in the unlawful
exhibition, showing, reproduction, sale, lease or disposition of videograms they are keeping and
concealing in the premises above described.
Respondents Motion to Quash: no probable cause nor satisfactory fact causing the same, NBI has no
authority and jurisdiction to initiate suit, confiscation violated their right to due process, subject films
were not registered and protected by PD 1988 (amended PD 49), and mere publication by complainant
of its alleged ownership over the films in question does not ipso facto vest in the right to proceed under
P.D. No. 49 as that law requires official registration. Moreover, the said publication took place only after
the application for the questioned search warrant.
Hon. Austrias judgment return seized items
ISSUE in MTQ
WoN NBI has authority to file complaint Yes
WoN Court observed due process in issuing Yes
warrants
WoN they are void for being general No, provision violated was clearly specified
also
WoN there is probable cause No
WoN complainants, members of Motion Pic Assoc No, no master tapes presented and no deposit
America have sufficiently proven ownership over and registration under PD 49
videotapes of copyrighted films

CA: Ownership was established and they have protectable rights BUT quashal based on non-
production of master tapes is proper.

ISSUE + RULING
Was the quashal of warrants proper? YES.
20th Century Fox v. CA: Requirement for validity of search warrant presentation of the master tapes
o There is need to establish probable cause that the tapes being sold, leased or distributed are
pirated tapes, hence the issue reverts back to the question of whether there was unauthorized
transfer, directly or indirectly, of a sound recording or motion picture or other audio visual work
that has been recorded.