20TH CENTURY FOX FILM CORPORATION, petitioner, vs. COURT OF APPEALS, EDUARDO M.

BARRETO, RAUL SAGULLO and FORTUNE LEDESMA, respondents.

The Script (26 actors) (Narrator): This is a case filed in the court against those video tape outlets who sell DVDs all over Metro Manila who are engaged in the unauthorized sale and renting out of copyrighted films in videotape form which constitute a flagrant violation of Presidential Decree No. 49. The story comes on the very facts of the case centering on how the lawyer gave legal advice to the complainants and respondents. SCENE 1 Introduction/ Market Area EDUARDO M. BARRETO, RAUL SAGULLO and FORTUNE LEDESMA(nag bebenta): Bili na kayo ng DVD, mura lang. 3 for P 100. Pili lang po. Maraming bago Costumer: (bibili lang sila ng DVD d2.) walang conversation. Bigay lang ng pera at ng CD (May napadaang isang board director at napasin ang nangyayari, mukhang napaisip) SCENE 2: Corporate meeting ( A round table meeting consists of 3 board directors, 3 lawyers of the company.) Representative of the 20TH CENTURY FOX FILM CORPORATION 1 : Gentlemen, the business of unauthorized sale and renting out of the pirated DVDs are all through out in Manila especially in Quaipo. The corporation has lost its sale and become stagnant because of this DVDs being sold in the market. We should not let this happen for we bought the copy right of those DVDs to the original owner and the law prohibits such selling of prated DVDs. R 2: Yes, I agree. We must stop those video tape outlets from selling the pirated cds. Atty, what can you say about this? Yes, the act of unauthorized distribution by the video outlets constitute copyright infringement under the IP Code. We have a legal right which has been violated by the vendors and such violation has tremendously caused injury to us and to our business. As such, the law accords us the remedy to sue them for copyright infringement. Yes, I agree panyero. Aside from that, we can also avail of the provisional remedy to seize the objects of the crime. This must be done, however, by virtue of a valid search warrant. Obtaining a search warrant issued by the court will give us the right to confiscate those items in the market. Hmmm, Panyero, we have friends in the NBI who could conduct the preliminary surveillance and investigation. Ahh, yes yes. We have to contact our NBI friends ASAP. We need credible witnesses for the application of the search warrant. You know, Judge is very very strict as to the existence of probable cause. Tsk tsk.

Lawyer1:

L2:

L3:

R3:

Lets get this over and done! We cannot wait for tomorrow!

Scene 3: Letter-Complaint filed with the NBI (The lawyer no. 3 submitted letter-complaint with the NBI (office) concerning the issue.) Narrator: In a letter-complaint dated August 26, 1985, petitioner 20th Century Fox Film Corporation through counsel sought the National Bureau of Investigation's (NBI) assistance in the conduct of searches and seizures in connection with the latter's anti-film piracy campaign.

(pwede mag dagdag ng tao d2 :D scene lang ng pag file) Scene 4 : Meeting (5 NBI agents, 2 Reporters, 2 lawyers) (Narrator): Acting on the letter-complaint, the NBI conducted surveillance and investigation of the outlets pinpointed by the petitioner and subsequently filed three (3) applications for search warrants against the video outlets owned by the private respondents. NBI agent1: Ang kadahilanan ng pag pupulong na ito ay ang pag cocomplain ng 20TH CENTURY FOX FILM CORPORATION. Kinakailangan nating tignan at imbestigahan ang pagbebenta ng pirated dvd sa ilang lugar sa kamaynilan dahilang itoy napaka talamak na. Pupuntahan natin sila at kung totoo nga ay kinakailangan sila ay managot sa batas. Inanyayahan natin ang IMBESTIGADOR para madokumento ang issue na ating hinaharap.

Other characters: nodding lang. Scene 5 : Surveillance/ Trap Operations EDUARDO M. BARRETO, RAUL SAGULLO and FORTUNE LEDESMA, 2 undercover NBI agent, reporter EDUARDO M. BARRETO: Manong, bili na kayo ng DVD. Mura lang. Agent: Magkano po? E: tatlo insang daan lang ser. Me bago kami clear copy na, friends with benefits, no other woman, Glee the Movie, at mga sex scandals sir. Pili lang po kayo. A: Talaga?!? Patingin nga lahat yun. At makabili ako ng dvd mo. E: eto sila sir. Maganda lahat yan mura din. Ibalik nu pag may sira. Papalitan ko. RAUL SAGULLO: sir, mas mura d2. Totoong clear copy pa. Di yan walang laman benta nyang CD. Dito nalang. A: Whee di nga?!

(Reporters nasa malayo at nag dodocumento ng betahan ng DVD. Pwede sa labas ng stage para lang may effect na hindi sila kita) SCENE 6: Search Warrant (Judge, Corporate lawyer, 1 board diractor, crowd.. Bahala kana sa scene na to pano binigay ang search warrant ng court) (Narrator): On September 4, 1985, the lower court issued the desired search warrants. .

SCENE 7: Operation of NBI in the market place (10 NBI Agents, some costumers, EDUARDO M. BARRETO, RAUL SAGULLO and FORTUNE LEDESMA, reporters) (Narrator): Armed with the search warrants, the NBI accompanied by the petitioner's agents, raided the video outlets and seized the items described therein. An inventory of the items seized was made and left with the private respondents.

NBI agent 1: Men, we know now the outlet to be raid. Just be sure to get the items we are asked to confiscate. We should do this without any hesitation for we have search warrant. Any question? Agents: Yes sir. (Habang nagbebenta yung tatlo pasugod ang NBI at reporters. Kukunin lang ung mga DVD.)

NBI agent 2: Mr. EDUARDO M. BARRETO, RAUL SAGULLO and FORTUNE LEDESMA, may search warrant kami at nandito kami para kumpiskahin ang mga benta nyo na dvds. Kung meron kayong katanungan ay magsadya lang kayo aming tanggapan. (Umalis mga NBI at reporters dala mga DVD)

Narrator:

Consequently, the articles listed in the returns of the three search warrants which could not be a basis of any criminal prosecution, now in the possession of the National Bureau of Investigation which under the law must be delivered to this Court, but which the NBI failed to do, are hereby ordered to be returned to their owners through their lawyer, Atty. Benito Salazar or his agents or representatives, against proper receipt, to be forwarded to this Court for record purposes, as proof that said properties have been returned to the possession of the rightful owners.