PROPERTY REVIEWER Part 13 DIFFERENT MODES OF ACQUIRING OWNERSHIP A.

Definition
TITLE Every juridical right which gives a means to the acquisition or real rights but which in itself is insufficient It merely requires the intent manifested in the form of a juridical act, such as sale, barter, legacy, etc. It is the remote cause of acquisition MODE The specific cause which produces dominion and other real rights as a result of the co-existence of special status of things, capacity, and intention of persons and fulfillment of the requisites of law It is the proximate cause of acquisition Subject to the same characteristics, powers, burdens, etc. as when held by a previous owner MAY BE MADE BY: o Transfer Transmission of the right in its entirety to another thereby definitely losing the right e.g. When there is tradition/delivery of the thing sold o Constitution of Right Person does not transmit his right in its entirety but only a part thereof which is inferior in character e.g. when a mortgage, usufruct, easement or other encumbrance in favor of another is created on ones property

B. Modes of acquiring ownership

1. Original Modes a. Occupation b. Intellectual Creation c. Word Those which produce the acquisition of ownership independent of any pre-existing right of another person Necessarily free from any burdens or encumbrances

LOSS OF OWNERSHIP: Code does not contain any systematic doctrine on this concept CLASSIFICA TION OF MODES OF LOSING OWNERSHIP: 1. Voluntary a. Abandonment A renunciation of real right Unilateral act that requires no formalities Requires legal capacity of the subject and the intent to renounce the right Mere failure to exercise the right of ownership 152

2. Derivative Modes Based on a right previously held by another person

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without intent to abandon does not extinguish the right An abandoned personal property becomes res nullius and thus becomes available for acquisition by occupation b. Alienation Transfer of ownership to another person May be mortis causa or inter vivos May be onerous or gratuitous 2. Involuntary a. Total Loss of the Thing Physical destruction Juridical loss o When it ceases to be the object of private ownership o When thing goes out of commerce of man o When a wild animal recovers its freedom b. Accession Continua BPS, alluvion, avulsion, change of course of the river, etc. (See accession part of the reviewer) c. Rescissory Actions Extinguishes ownership which has been acquired through the act which is annulled, rescinded or revoked e.g. Revocation of donation by reason of ingratitude d. Judicial Decree Not really distinct from others because decision courts do not create or extinguish rights but only declare their existence or non-existence e. Operation of Law e.g. Prescription and Acts of the State CLASSIFICATION OF MODES OF LOSING 1. Absolute Extinguishment a. Material loss of the thing b. Juridical loss of the thing 2. Relative Extinguishment or Transmission a. By Law e.g. accession, prescription, and confiscation b. By Act of Man combined with Law e.g. legal redemption, abandonment, tradition, rescission, nullity, and revocation 3. Special Causes of Extinguishment Usufruct, Easement, and Possession

C.

Modes of acquisition

1. Law Other modes of acquisition and transmitting ownership may be said to derive their recognition as such from law itself Partly the basis of such other modes e.g. when the law directly vests ownership in certain persons, independent of other modes of acquiring and transmitting ownership 153

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a. marriage under ACP b. hidden treasure c. Article 120 FAMILY CODE Art. 120. The ownership of improvements, whether for utility or adornment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the following rules: When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement. In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership. d. Accession (Article 445) Art. 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. Art. 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value. f. e. Change in the Rivers Course (Article 461) Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. Article 465 Art. 465. Islands which through successive accumulation of alluvial deposits are formed in nonnavigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. g. Accession Continua over Movables (Article 466)

154
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h. Registration under Article 496 Art. 496. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. i. Article 681 Art. 681. Fruits naturally falling upon adjacent land belong to the owner of said land. j. Article 434 Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim. k. Article 1456 Art. 1456. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes. o dispossessed of their properties by usurpers who by lapse of time specified by law acquire the same by prescription o Retroactivity of Prescription Once the period for prescription is completed, the new owner is considered as having acquired the thing or right from the moment the period to run Who may Acquire Persons who are capable of acquiring property or rights by the other legal modes Minors and other incapacitated persons may acquire property or rights either personally or through their parents, guardians or legal representatives Discernment is important because the intent to appropriate the thing as ones own (Animus rem sibi habiendi) is an essential element of possession Against whom it may run Against persons having full civil capacity Even against: 1. Minors an other incapacitated persons who have parents, guardians, or other legal representatives 2. Absentee s who have 155
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A. Donation (see donation part of

reviewer)

B. Succession- testate or
intestate C. Prescription o One acquires ownership and other real rights by adverse possession through the lapse of time in the manner and under the conditions laid down by law o By abandonment, negligence, or carelessness, owners with the most perfect titles may be deprived and

PROPERTY REVIEWER
administrators (personally chosen by them or chosen by the court) 3. Persons living abroad who have managers and administrators 4. Juridical Persons 5. A married woman o Against whom it may not run Between husband and wife even though there be a separation of property EXCEPTION S: (1) Action for Legal Separation; (2) Annulment of alienation made by husband without the wifes consent Between parents and children during the minority or insanity of the child Between the guardian and ward during the continuance of guardianship What can be acquired by prescription All things which are within the commerce of man Things susceptible of appropriation Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription What cannot be acquired by prescription Movables possessed through a crime by the offender Common things, property of public dominion, and intransmissible rights (right to surname) Lands registered under the Torrens system o Renunciation of prescription Can be done by persons who has capacity to alienate property already obtained Right to acquire property by prescription in the future cannot be renounced Renunciation can be implied from abandonment of the right acquired Unilateral act and does not require the acceptance of the person benefited by it Comparison between Acquisitive Prescription and Extinctive Prescription Acquisitive Extinctive Prescription Prescription Usucapcion Prescription It is the possessor One looks at the who does the act neglect of the owner/ his omission Expressly vests the Statute of property and limitation that raised a new title merely bars the in the occupant right of action Important feature Important feature is the claimant in is the owner out of possession possession o General Requisites of Acquisitive Prescription 1. Capacity to acquire by prescription 156
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2. Thing capable of acquisition by prescription 3. Possession of thing under certain conditions 4. Lapse of time provided by law Ordinary10 years Extraordina ry- 30 years o Kinds of Acquisitive Prescription Extraordinary possession of bad faith Ordinary Possession in good faith with just title for a time fixed by law Con justo titulo y buena fe Good Faith in Prescription: consists in the reasonable belief that the person from whom he received the thing was the owner thereof and could transmit ownership. (Art. 526-529) Belief that grantor is owner What is cured by prescription is that the grantor is not the owner Title must be just and valid Voidable title can suffice for prescription Good faith is presumed in the absence of proof to the contrary Good faith must exist throughout the entire period required for prescription o Conversion of Possession Possession begins in good faith but was later on converted into bad faith Three possible solutions on how long should prescription be: 1. Superveni ng bad faith erases the former possession in good faith, and extraordinary prescription will run from the date of possession in bad faith 2. Prescripti on will be extraordinary, but the period will be counted from the time the possession began 3. Prescripti on will be extraordinary but the possession in good faith shall be computed in the proportion that the period of extraordinary prescription bears to that of ordinary prescription Tolentino suggests the third option because it reflects the difference between the two kinds of prescription and gives proper value to possession in good faith Title for Prescription- must be: 1. Just Adverse claimant came into possession of the property through one of the modes 157

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recognized by law for the acquisition of ownership An act which has for its purpose the transmission of ownership and which would have actually transferred ownership if the grantor had been the owner This defect is cured by prescription e.g. sale with delivery, exchange, donation, succession, and dation in payment Examples of those which are declaratory of property rights but does not transmit them: 1. lease of things 2. loan 3. deposit 4. all contracts which does not transmit property rights 5. partition 6. compromis e 7. court decisions but not an absolutely simulated title A simulated title which conceals a prohibited act cannot serve as a basis of prescription False Title One which does not exist but is believed by the possessor to exist May be sufficient if based on mistake of fact by a third person Not sufficient if based on the mistake of the possessor himself If based on mistake of law, it is not sufficient If based on error in the application of the rule of law, it is sufficient e.g. A person who obtains title from an insane person NOT knowing he is insane HAS A SUFFICENT TITLE Revocable Title One in which a transferor has made a reservation by virtue of which the right of the possessor may disappear cannot serve as a basis for prescription until the reservation has become ineffective (such as the lapse of 1 year period for redemption) Effect of Recorded Title o Prescription will not run against a recorded title except in virtue of another recorded title. Time shall begin to run 158
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2.

Valid Should be sufficient to transmit the right if the grantor had been the owner Void title is insufficient but a voidable title is so long as it had not been annulled True Title must actually exist and not merely in the mind of the possessor A relatively simulated title may suffice

3.

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from the time of the recording of the latter title Possession of Prescription o Must be in the concept of an owner, public, peaceful and uninterrupted 1. Concept of Owner o Acts of a possessory character which are merely tolerated by the owner or which are due to his license do not constitute possession o A license is a positive act of the owner in favor of the possessor/holder of the thing o Tolerance is pave acquiescence of the owner to the acts being performed by another which appear to be contrary to the rights of the owner 2. Public Possession o Not clandestine o Known to the owner of the thing o If everybody knows it, owner is also presumed to know unless he can prove the contrary 3. Peaceful Possession o Acquired and maintained without any violence, physical or moral o Use of force to repel an actual or threatened invasion of the property is not included 4. Uninterrupted Possession o Possessor has never ceased to manifest with external acts his intention to exercise a right over the thing o Not understood in the absolute sense: acts are still continued even if right is exercised at intervals No act of deprivation of enjoyment of the thing by a third person or any other act which interrupts prescription

D. Tradition Requisites: 1. Pre-existence of right in estate of grantor 2. Just cause or title for the transmission 3. Intention- of both grantor and grantee 4. Capacity- to transmit and to acquire 5. An act giving it in outward form, physically, symbolically, or legally Legal Maxim: Non nudis pactis, sed tranditione, dominia rerum transferentur (Not by mere agreement but by delivery, is ownership transferred) Kinds of Tradition: A. Real Tradition B. Constructive Tradition a. Symbolic Delivery b. Delivery by Public Instrument c. Traditio Longa Manulong hand; placed in the sight of vendee so that he can take possession of the property anytime d. Traditio Brevi Manushort hand; transferee already in possession of the property but not as owner e. Traditio Constitum Possessorium- owner 159

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remains in possession but not as owner e.g. lease f. Quasi-Tradition- subject matter: property right; e.g. right to collect credit g. Tradition by operation of law Note: Art. 316. Other forms of swindling. The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. 3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. Art. 716. The owner of a swarm of bees shall have a right to pursue them to another's land, indemnifying the possessor of the latter for the damage. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. This period having expired, they shall pertain to him who has caught and kept them. Art. 560. Wild animals are possessed only while they are under one's control; domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor. d. Pigeons and Fish Art. 717. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some article of fraud. e. Hidden Treasure Art. 718. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be 160
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D.Occupation
a. Not applicable to ownership of a piece of land Art. 714. The ownership of a piece of land cannot be acquired by occupation. b. Privilege to hunt and fishregulated by special law Art. 715. The right to hunt and to fish is regulated by special laws. c. Occupation of a swarm of bees or domesticated animals

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allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure. If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.

E. Intellectual Creation
Original Mode A new mode of acquiring ownership The creator of the property is exclusive owner and has the right to keep it to himself UNTIL the work is made public When work is made public, he loses this exclusive right unless the work is copyrighted or patented A creator cannot be compelled to make his work public RULE: o Every new and innocent product of mental labor, which has been embodied in writing, or some other material form, while it remains unpublished, is the exclusive property of its author, entitled to the same protection which the law throws around the possession and enjoyment and other kinds of property o The right of owner is just as sacred as in any kind of property o When his rights are violated, he is entitled to the same remedies as the owner of any personal property may have Right is exclusive to him until Publication What is Publication? When it is dedicated to the public

f. Lost movables; procedure after

finding lost movables (Important)

Art. 719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best. If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication. Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. (615a) Art. 720. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing found.

Art. 721. By intellectual creation, the following persons acquire ownership: (1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; 161

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(2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention. Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws. The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. The scientist or technologist has the ownership of his discovery or invention even before it is patented. Authors of literary and artistic works cannot prevent its broadcast as they have a moral and educational value but they can demand that their names be mentioned; oppose any modification; receive an equitable remuneration, and others A production by an employee in relation to his work is his (e.g. professors literary work) Photos taken by a photographer for his benefit and not as requested by a subject is his. Plans created by an architect for value for a client is owned by the client and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires. Dual interest or property right in letters sent by one to another person 1. Intellect ual Property Thoughts and ideas and their form of expression contained in the letter e.g. words in a love letter which remains to be the senders ( A sendee owns the letter, can transfer or even sell it but cant publish the contents, copy it) 2. Material or Physical Thing The paper and the impression made thereon by the mechanical means of writing that has been employed Owner is the sendee Publication of a letter cannot be made without the consent of the sender unless for the public good or in the interest of justice E.g. to prove the innocence of a rape suspect, that he is a paramour and that he obtained consent to have intercourse Art. 724. Special laws govern copyright and patent. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293] 1997 Intellectual Property Rights (IPR): protected only territorially a. Copyright and Related Rights 162

Art. 723. Letters and other private communications in writing are owned by the person to whom they are addressed

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An exclusive right secured by law to an author or his assignees to multiply and dispose of copies of an intellectual or artistic creation, whether by mechanical reproduction or buy public presentation. 3. it was a subject matter of a validly issued patent in the Philippines When is an invention useful? 1. capable of performing some beneficial function claimed for it 2. capable of accomplishing one of the functions claimed What are inventions which are not patentable?

b. Trademarks and Service Marksdistinctive marks TRADITIONAL PROPERTY RIGHTS PRIOR TO RA 8293:

c. Geographic Indications of
Origin- e.g. wine (France), Tulips (Holland) d. Industrial Designs e. Patents Two kinds: (1) inventions/ machines; (2) process and manufactured goods Must be workable, new, and an invention

RA 8293 Sec. 22. Non-Patentable Inventions. The following shall be excluded from patent protection: 1. Discoveries, scientific theories and mathematical methods; 2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers; 3 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods; 4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to microorganisms and non-biological and microbiological processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection: 5. Aesthetic creations; and 163

LAW ON PATENTS (RA 8293) Any invention of a new and useful machine, manufactured product or substance, process, or an improvement of any of the foregoing shall be patentable. Invention must be new to be patentable An invention will not be considered new if: 1. it was known or used by others in the Philippines before the date of invention or 2. it was patented or described in any printed

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6. Anything which is contrary to public order or morality. (Sec. 8, R. A. No. 165a) Who are entitled to a patent? 1. First, true and actual inventor 2. His heirs, legal representatives, or assigns Right to patent belongs to them jointly if there are two or more inventors RA 8293 Sec.30. Inventions Created Pursuant to a Commission. 1. The person who commissions the work shall own the patent, unless otherwise provided in the contract. 2. In case the employee made the invention in the course of his employment contract, the patent shall belong to: (a) The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer. (b) The employer, if the invention is the result of the performance of his regularlyassigned duties, unless there is an agreement, express or implied, to the contrary. (n) the expiration of four (4) years from the date the application was published pursuant to Section 44 hereof, and on each subsequent anniversary of such date. Payment may be made within three (3) months before the due date. The obligation to pay the annual fees shall terminate should the application be withdrawn, refused, or cancelled. 2. If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent considered as lapsed from the day following the expiration of the period within which the annual fees were due. A notice that the application is deemed withdrawn or the lapse of a patent for non-payment of any annual fee shall be published in the IPO Gazette and the lapse shall be recorded in the Register of the Office. 3. A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of the prescribed surcharge for delayed payment. (Sec. 22, R. A. No. 165a)

Period of effectivity of

Infringement of Patent consists in making, using, or selling of the patented process or instrumentality by any person without authorization on the part of the patentee Substantial identity must be present to constitute infringement

a patent: RA 8293 Sec. 54. Term of Patent. The term of a patent shall be twenty (20) years from the filing date of the application. (Sec. 21, R. A. No. 165a) In RA 165- 17 years

Important test: interchangeability of noninterchangeability of device When not infringement: 1. Use for the purpose of research experiment does not constitute infringement 2. Used in vessel, aircraft or land vehicle temporarily or accidentally and not used or the manufacture of 164

RA 8293 Sec. 55. Annual Fees. 1. To maintain the patent application or patent, an annual fee shall be paid upon

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anything to be sold within or exported outside the Philippines 3. Use by Government RA 8293 Sec. 172. Literary and Artistic Works. 1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books, pamphlets, articles and other writings; (b) Periodicals and newspapers; (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; (d) Letters; (e) Dramatic or dramaticomusical compositions; choreographic works or entertainment in dumb shows; (f) Musical compositions, with or without words; (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art; (h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; (i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; (j) Drawings or plastic works of a scientific or technical character; 165
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Remedies for infringement: 1. Action for damages 2. Injunction No infringement if patent has lapsed Abandonment of patent rights is a defense by an accused infringer NEW PROPERTY RIGHTS IN RA 8293: o

f. Topographies of Integrated
Circuits- template for integrated circuit

g. Rights of Performers,

Producers of Sound Recordings and Broadcasting Orgs- showing performances publicly Information- trade secrets e.g. Coca Cola; once published protection is lost

h. Protection of Undisclosed

i. Laws Repealed by the Intellectual Property Code a. PD 49- Intellectual Property Decree, including PD 285 as amended b. RA 165- Patent Law, as amended c. PD 1263 d. RA 166, as amended e. Art. 188 and 189 of the RPC LAW ON COPYRIGHT What may be copyrighted? Original Works:

PROPERTY REVIEWER
(k) Photographic works including works produced by a process analogous to photography; lantern slides; (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings; (m) Pictorial illustrations and advertisements; (n) Computer programs; and (o) Other literary, scholarly, scientific and artistic works. Derivative works: RA 8293 Sec. 173. Derivative Works. 1. The following derivative works shall also be protected by copyright: (a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and (b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P. D. No. 49) What may not be copyrighted? Immoral or unchaste work Government work RA 8293 Sec. 175. Unprotected Subject Matter. Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. NEW Provision RA 8293 Sec. 177. Copy or Economic Rights. Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts: 177.1. Reproduction of the work or substantial portion of the work; 177.2 Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work; 177.3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; 177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n) 177.5. Public display of the original or a copy of the work; 177.6. Public performance of the work; and 177.7. Other communication to the public of the work (Sec. 5, P. D. No. 49a) Infringement of Copyright Also called intellectual piracy Consists in the doing of any person, without the consent of 166

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the owner of the copyright, of anything the sole right to do which is conferred by the statute on the owner of the copyright Persons liable: o The person who makes the infringing use of a copyrighted work o Two persons who together, print and publish books are both liable Remedies: o Damages o Injunction o Destruction o Prosecution o Deposit (c) The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated; (Sec. 11, P. D. No. 49) (d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P. D. No. 49) (e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned; (f) The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first 167
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RA 8293 Sec. 184. Limitations on Copyright. 184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright: (a) the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society; (Sec. 10(1), P. D. No. 49) (b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned; (Sec. 11, Third Par., P. D. No. 49)

PROPERTY REVIEWER
broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work; (g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast; (h) The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use; (i) The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; (n) (j) Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title; and (k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.

Duration of Protection RA 8293 Sec. 213. Term of Protection. 213.1. Subject to the provisions of Subsections 213.2 to 213.5, the copyright in works under Sections 172 and 173 shall be protected during the life of the author and for fifty (50 years after his death. This rule also applies to posthumous works. (Sec. 21, First Sentence, P. D. No. 49a) 213.2. In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. (Sec. 21, Second Sentence, P.D. No. 49) 213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided, That where, before the expiration of the said period, the author's identity is revealed or is no longer in doubt, the provisions of Subsections 213.1 and 213.2 shall apply, as the case may be: Provided, 168

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PROPERTY REVIEWER
further, That such works if not published before shall be protected for fifty (50) years counted from the making of the work. (Sec. 23, P. D. No. 49) 213.4. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date of making. (Sec. 24(B), P. D. No. 49a) 213.5. In case of photographic works, the protection shall be for fifty (50) years from publication of the work and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P. D. 49a) 213.6. In case of audio-visual works including those produced by process analogous to photography or any process for making audiovisual recordings, the term shall be fifty (50) years from date of publication and, if unpublished, from the date of making. (Sec. 24(C), P. D. No. 49a)

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