2 | DAILY DOSE OF 32-0 | THE RAFFY TULFO IN ACTION VS. ATTY. LIBAYAN COPYRIGHT INFRINGEMENT CASE
00:37.2
I suggest, kaya tulad na sinabi ko sa inyo mga kabatas natin
00:40.0
Yung ginagawa kayong series, copyright infringement series
00:43.2
If ever I have to contribute something mga kabatas natin
00:46.9
And of course the court is contributing something here also
00:50.9
Dito sa social media space
00:53.7
Is yung tinuro sa atin ng korupasyon
00:56.1
Yung tinuro ng korte dito
00:56.5
Mga kabatas natin
00:58.4
Yung tinuro ng korte sa atin dito
01:01.8
If we study this carefully, we can learn a lot from it
01:07.0
Ngayon mga kabatas natin
01:09.5
Under determination of probable cause, which the court must do
01:13.2
By taking into consideration the elements of the crime
01:16.7
So pag titignan nyo dito kasi mga kabatas natin
01:18.8
The court actually delved on the merits of the case
01:24.1
Pumunta na siya dun sa elements of the crime
01:26.6
Makikita nyo rin dito sa dulo mamaya
01:28.5
Pinanood nung court, nung judge, yung mga videos ko
01:36.5
Siya mismo nag-comment doon
01:39.3
Siyempre nakakahiya
01:42.6
Pero mga kabatas natin
01:52.8
Gumawa siya ng table
01:54.5
Makikita natin lahat yan
01:56.6
The case herein was charged with 32 counts of the crime of copyright infringement
02:01.4
The elements of the said crime were enumerated by the Supreme Court
02:05.7
In the case of Sison Olano et al. versus Lim Enco
02:09.8
Thus, copyright infringement is thus committed by any person
02:14.4
Who shall use original literary or artistic works or derivative works
02:18.7
Without the copyright owner's consent
02:20.5
In such a manner to violate the foregoing copy
02:23.6
And economic rights
02:25.6
For a claim of copyright infringement to prevail
02:28.8
The evidence and record must demonstrate
02:32.2
Ownership of a validly copyrighted material by the complainant
02:36.8
Iyan yung isang issue ko mga kabatas natin
02:39.4
Talaga bang si Rafi Tulfo ang may-ari
02:42.4
O si Rafi Tulfo in Action Foundation
02:47.2
Infringement of the copyright by the respondent
02:55.6
The prosecution failed to provide any proof
02:59.3
Of the subject videos as being duly copyrighted by them
03:03.2
Per the Certificate of Copyright Registration
03:07.6
Section 172 of Republic Act No. 8293
03:11.5
Or the Intellectual Property Code
03:13.3
Provides for the copyright to attach
03:15.5
From the moment of the creation of the work
03:18.4
Pero ang issue ko rin dito kasi mga kabatas natin
03:21.3
From the moment of the creation of the work
03:24.3
Kaya lang mga kabatas natin
03:25.5
Rafi Tulfo in Action Foundation
03:30.1
Being a juridical person
03:33.2
Has no innate capacity to create
03:36.8
Ibig sabihin mga kabatas natin
03:39.1
Ang isang juridical person
03:40.5
Hindi naman nakakagawa ng tulayan
03:43.1
Hindi naman nakakagawa ng kantayan
03:47.9
Yun yung issue ko
03:48.7
Now mga kabatas natin
03:50.8
Anong sabi ng korte?
03:54.8
Literary and Judiciary
03:55.0
Literary and Judiciary
03:55.5
And Artistic Works
03:58.7
Literary and Artistic Works
04:00.9
Here and after referred to as works
04:03.8
Are original intellectual creations
04:06.4
In the literary and artistic domain
04:09.2
Protected from the moment of their creation
04:11.2
And shall include in particular
04:13.0
Audiovisual works
04:14.8
Audiovisual works yung sa akin
04:18.6
And cinematographic works
04:20.3
And works produced by a process
04:22.1
Analogous to cinematography
04:25.1
For making audiovisual recordings
04:27.4
Other literary, scholarly, scientific, and artistic works
04:31.1
Furthermore, Section 172.2 of the SEDLO provides
04:34.8
Works are protected by the sole fact of their creation
04:38.6
Irrespective of their mode or form of expression
04:41.8
As well as of their content, quality, and purpose
04:44.5
Ngayon mga kabatas natin
04:48.8
Rafi Tulfo in Action Foundation
04:52.0
Sinabi nila mga kabatas natin
04:55.0
There is the presumption of copyrighted material sharing
04:57.9
As provided by the Supreme Court
04:59.5
In the case of ABS-CBN Corporation
05:01.9
Versus Philippi Gozan et Aldaz
05:04.3
The Intellectual Property Code is clear about the rights
05:07.1
Afforded to authors of various kinds of work
05:09.7
Under the code, works are protected by the sole fact
05:12.4
Of their creation
05:13.6
Irrespective of their mode or form
05:15.8
Of expression as well as
05:17.7
Of their content, quality, and purpose
05:22.7
Audiovisual works
05:23.8
And cinematographic works
05:25.0
And works produced by a process
05:27.9
A malware to cinematography
05:30.9
Or any process for making audiovisual recordings
05:33.9
Contrary to old copyright law
05:35.8
The Intellectual Property Code
05:37.4
Does not require registration of the work
05:39.7
To fully recover in an infringement suit
05:42.8
Both copyright laws provide
05:44.0
That copyright for a work is required
05:46.0
By an Intellectual Creator from the moment of creation
05:52.0
178.1 of the Copyright law provides for the copyright report of a work is acquired following an informational era.
05:52.4
Section 178 of the Copyright Law for Copyrighted 처� 63 ask more laws that exist within our tastes, such as copyright law is given when copyright was links to copyright, website map, task departments, images and so on to cooked work and copyright only.
05:52.8
Cyber Podcast Criteria and services that may have the ability to ב
05:54.2
The copyright for the copyright to be owned by the following
05:57.9
artificial work, the copyright shall
06:00.1
belong to the producer, the author
06:02.1
of the scenario, the composer
06:04.0
Tignan nyo mga kapatid natin, producer
06:05.4
The author of the scenario, the composer of the
06:08.2
music, the film director
06:09.9
and the author of the work so adopted
06:12.3
However, subject to contrary
06:14.1
or other stipulations among the creators
06:16.1
the producer shall exercise the copyright
06:18.3
to an extent required
06:20.0
for the exhibition of the work in any manner
06:22.1
except for the right to collect performing
06:24.3
license fees for the performance
06:26.2
of musical compositions with or without
06:28.3
words which are incorporated
06:33.8
The prosecution had presented the following
06:36.4
documents to prove that RTI owns
06:38.3
the videos herein as publishers, producers
06:40.4
thereof, Certificate of Incorporation
06:42.1
of Rafi Tulfo in Action Foundation Incorporated
06:44.3
The Unified Registration Record
06:46.2
of Rafi Tulfo in Action Foundation Incorporated
06:48.4
The Coverage Sheet, the Articles of
06:50.2
Incorporation of Rafi Tulfo in Action Foundation
06:54.3
Rafi Tulfo in Action Foundation Incorporated
06:56.7
and the General Information Sheet of
06:58.2
2019. The prosecution had
07:00.2
duly complied with the first element of
07:02.2
the crimes herein
07:04.2
They had also shown the identity of the
07:06.2
perpetrator thereof as the accused
07:08.1
herein for the videos, allegedly infringed
07:10.3
The accused does not deny this
07:11.9
Sabi niya, on the second element of the
07:14.3
crime, the proof of the copyright
07:15.8
infringement, how is a copyright
07:18.6
infringed? Sabi niya
07:20.4
The Supreme Court in the case of Sison on
07:22.1
Plano et al. v. Lim
07:24.0
Enco declared how a copyright
07:27.6
Thus, sabi niya, under Section
07:29.9
177 of Republic Act No.
07:32.1
8293, the copyright or
07:33.9
economic rights consist of the
07:36.0
exclusive right to carry out, authorize
07:38.0
or prevent the following acts
07:39.9
Reproduction of the work or substantial
07:42.0
portion of the work, dramatization
07:44.2
translation, adaptation
07:45.9
abridgment, arrangement or other
07:48.1
transformation of the work
07:49.4
The first public distribution
07:52.1
of the original and
07:54.1
each of the copy of the
07:56.2
work by sale or other forms of
07:58.0
transfer of ownership
08:00.3
Rental of the original
08:02.1
or a copy of an audiovisual work or
08:04.0
cinematographic work, a work
08:05.7
embodied in a sound recording
08:07.7
a computer program, a
08:10.0
compilation of data and other materials
08:12.3
or a musical work
08:13.9
in graphic form, irrespective of the
08:15.9
ownership of the original or the copy
08:17.7
which is the subject of the rental
08:19.2
Public display of the
08:22.1
original or a copy of the work
08:26.1
Public performance of the work
08:28.0
Other communication to the public work
08:30.0
So ito mga kapatid natin
08:36.0
Those are the economic rights
08:38.0
Ngayon, copyright infringement is thus
08:40.0
committed by any person who shall use
08:42.0
original literary or artistic works
08:44.0
or derivative works without the
08:46.0
copyright owner's consent in such
08:48.0
a manner as to violate the
08:50.0
foregoing copy and economic rights.
08:52.1
For a claim of the copyright infringement
08:54.1
to prevail, the evidence on record
08:56.1
must demonstrate ownership of
08:58.1
a validly copyrighted material by
09:00.1
the complainant and infringement
09:04.1
by the respondent.
09:06.1
The prosecution declared that
09:08.1
the accused certainly used their videos
09:10.1
for profit without their consent of
09:12.1
the complainant. Without the consent
09:14.1
of the complainant. This lack of consent
09:16.1
by the private complainant is evident
09:18.1
in the videos. The accused knew that
09:20.1
the complainant did not consent to the
09:22.1
use. The accused knew
09:24.1
that the complainant did not consent
09:26.1
to his use of their
09:28.1
videos. He knew that he is an
09:30.1
irritant to the RTI.
09:32.1
However, the accused raised fair use.
09:34.1
O, yun yung sinabi ko mga
09:36.1
kapatid natin. No?
09:38.1
Sabi ko fair use.
09:40.1
Fair use yan. Fair use.
09:42.1
Is the determination of fair use
09:44.1
proper in the determination of probable
09:46.1
cause in an infringement case?
09:48.1
Sabi niyang ganyan. The prosecution claimed
09:50.1
that it is not as it is a
09:52.1
mere defense which must be threshed out
09:54.1
at the trial proper. Ito mga kabatas
09:56.1
natin napaka-interesting. Kasi ang sinabi
09:58.1
ng prosecution mga kabatas natin,
10:00.1
pasok lahat ng kaso. Kasi
10:02.1
yung fair use, defense lang yan eh.
10:04.1
Dapat full-grown trial
10:10.1
lagi. Sabi ganyan. Yun ang sinasabi
10:12.1
ng ano. Sinasabi ng
10:14.1
prosecution dito.
10:16.1
Sabi niyang ganyan, the records
10:18.1
of the case are thrown open for
10:20.1
purposes of judicial determination of probable
10:22.1
cause. This is akin to a motion
10:26.1
Mga kabatas natin. Tingnan niyo ito.
10:28.1
This is akin to a motion
10:30.1
to dismiss in a civil case where the trial
10:32.1
court may review the evidence on record
10:34.1
after the hypothetical admission
10:36.1
of the allegations on the face
10:38.1
of the complaint as ruled by
10:40.1
the Supreme Court in
10:42.1
the case of Phil Estate Golf
10:44.1
and Development Inc. v.
10:46.1
Court of Appeals, et al.
10:48.1
In determining whether
10:50.1
or not a complaint states a cause of action,
10:52.1
only the allegations in the complaint must
10:54.1
be considered. Thus, in the
10:56.1
recent case of Novoa v.
10:58.1
Court of Appeals, we held as follows.
11:00.1
However, the Court
11:02.1
of Appeals as well as the trial
11:04.1
court limited itself to the allegations
11:06.1
in the complaint proper of the
11:08.1
San Pedro case in concluding that
11:10.1
the said complaint is stated a cause of action.
11:12.1
This is erroneous.
11:14.1
Sabi niya. In determination,
11:16.1
in the determination of whether or not the
11:18.1
complaint states a cause of action, the annexation
11:20.1
attached to the complaint may be considered
11:22.1
they being parts of the complaint.
11:26.1
So, ibig sabihin dito mga pats datin,
11:30.1
tinake in consideration na
11:32.1
yung buong records ng kaso
11:34.1
in coming up with this
11:36.1
omnibus resolution.
11:40.1
Sabi niya, moreover,
11:42.1
the rule that the Court's scrutiny is limited
11:44.1
to the four corners of the complaint is subject
11:46.1
to exceptions as laid down in
11:48.1
Mark Cupper Mining Corporation v. Garcia.
11:50.1
Commenting on the exception, as
11:52.1
expounded in the above-cited case, Justice
11:54.1
Florence D. Regalado,
11:56.1
an eminent authority on remedial law, has
11:58.1
to say, the exception is provided in
12:00.1
Section 2, Rule 9, i.e., where the
12:02.1
motion to dismiss on this ground
12:06.1
during the trial in which case the
12:08.1
evidence presented is considered.
12:10.1
Also, it has been held that under this
12:12.1
ground, the trial court can consider all the
12:14.1
pleadings filed, including annexes,
12:16.1
motions, and the evidence on record.
12:20.1
So, it is within the nuisance
12:22.1
suit's dismissal.
12:26.1
So, mga kabatas natin,
12:28.1
sinabi ng Korte dito,
12:38.1
So, it is within the nuisance suit's
12:40.1
dismissal provided in Rule 1,
12:42.1
Section 1 of B of the
12:44.1
Interim Rules of Procedure Governing
12:46.1
Intracorporate Controversies does prohibitions
12:48.1
against nuisance and harassment suits.
12:50.1
Nuisance and harassment suits
12:52.1
are prohibited. In determining whether a
12:54.1
suit is a nuisance or harassment suit, the
12:56.1
court shall consider, among others, the following.
12:58.1
The extent of the shareholding or interest
13:00.1
of the initiating stockholder
13:02.1
or member, subject matter of the suit.
13:04.1
Legal and factual basis
13:06.1
of the complaint. Availability
13:08.1
of appraisal rights, blah blah blah blah. Yun lang importante.
13:10.1
In case of nuisance harassment suit,
13:12.1
the court may, motu proprio, or upon
13:14.1
motion for tweed, dismiss the
13:18.1
criminal cases where the life liberty
13:20.1
and honor and property of the accused
13:22.1
are in grave danger of being deprived
13:24.1
by the state, no matter
13:26.1
how temporary. So,
13:28.1
it is the Constitution,
13:30.1
it is that the Constitution requires
13:32.1
a higher burden of proof thereof
13:34.1
as a right of the
13:38.1
So, sinabi dito ng korte, mga kabatas
13:40.1
natin, ano, na alam
13:42.1
naman natin na yung criminal
13:46.1
yung merong pinakamataas
13:48.1
na burden of proof.
13:54.1
dito nga sa civil cases,
14:04.1
intracorporate or intercorporate
14:06.1
disputes, mga kabatas natin, pwedeng
14:08.1
ma-dismiss sila based on this particular
14:12.1
Kaya sinabi rin dito,
14:18.1
sa isang criminal case na ito,
14:22.1
life, liberty, and honor and property
14:24.1
of the accused are in great danger of being
14:26.1
deprived by the state, no matter
14:30.1
Sabi niya. Yun yung sinabi
14:32.1
ng korte. So, it is
14:34.1
that the Constitution requires a higher burden
14:36.1
of proof thereof as a right
14:38.1
of the accused. Sabi niya.
14:40.1
Kaya nga ang criminal
14:42.1
case, yun yung pinakamahirap patunayan eh.
14:44.1
Doon nga sa civil case, merong
14:46.1
ganito. Dito nga sa
14:48.1
intracorporate disputes,
14:50.1
merong ganito. Sa criminal
14:54.1
Diba? So ngayon, sabi
14:56.1
niya, does our law condemn
14:58.1
a person before it first
15:00.1
hears him and finds
15:02.1
out what he is doing?
15:10.1
thus went through the records of the
15:12.1
cases and tabled the contents of
15:14.1
the videos in each case on
15:16.1
the basis of the elements of fair
15:20.1
Ito na yung videos.
15:22.1
Pabaligtad eh. But anyway, mga kabats natin,
15:26.1
patuloy ko muna dyan. Let's
15:28.1
continue with the
15:34.1
Tinable ng korte, mga kabats natin.
15:38.1
Tinable niya lahat ng mga videos.
15:40.1
Pinag-aralan lahat ng
15:42.1
judge, mga kabats natin.
15:44.1
Pinag-aralan lahat ng judge.
15:46.1
Pinag-aralan lahat ng korte, mga kabats natin.
15:48.1
Yung aking mga videos.
15:50.1
Yan lahat yan, mga kabats natin.
16:00.1
Hindi na matapos-tapos.
16:08.1
Kung aaralin pa natin yan,
16:10.1
mga kabats natin.
16:14.1
Kaya lang, I will end here.
16:16.1
I'm just showing you this.
16:18.1
Tapos aayos ko rin yung orientation niya
16:24.1
So actually, mga kabats natin,
16:26.1
if you look at it, the judge
16:28.1
delved on the merits of the case.
16:30.1
Let's end with this one.
16:32.1
Of note is the fact that there are two videos
16:34.1
marked as two different exhibits
16:36.1
with exactly the same contents
16:38.1
but became the subject of two different charges.
16:40.1
There are also two videos
16:42.1
marked as two different exhibits
16:44.1
but contained in one information
16:46.1
which is criminal case number 7899.
16:48.1
This is a badge of failure
16:50.1
to conduct a proper preliminary investigation.
16:52.1
This would have been avoided
16:54.1
had the prosecution conducted
16:56.1
preliminary investigation
16:58.1
on each and every video.
17:02.1
There is a problem of due process here.
17:06.1
because it has been the consistent theme
17:08.1
of the videos of the accused herein.
17:12.1
Napansin ng korte.
17:14.1
May problema sa due process.
17:16.1
Yun yung lagi kong naririgla mo.
17:18.1
Kailangan natin ng due process,
17:20.1
due process, due process.
17:24.1
Tapos sabi ng court,
17:28.1
it has been the consistent theme
17:30.1
of the videos of the accused.
17:32.1
It's about due process.
17:34.1
Huwag cut the process.
17:36.1
Huwag rafi tulfo yung action.
17:38.1
Let's respect the courts.
17:40.1
Let's respect the barangays.
17:42.1
Let's respect the administrative proceedings.
17:48.1
running joust with the instant justice
17:50.1
of the private complainant
17:52.1
rafi tulfo in action
17:54.1
and the due process
17:56.1
insistence of the accused.
18:02.1
Yun ang labanan namin, di ba?
18:04.1
Yung instant justice niya,
18:06.1
yung tulfo brand of justice niya,
18:08.1
tapos sabi ko, due process?
18:14.1
because the person who wanted
18:16.1
instant justice asked for it
18:18.1
and got it at the level of
18:20.1
the prosecutor's office.
18:24.1
It is also ironic because it has been
18:26.1
the accused who had constantly defended
18:28.1
the office of the public prosecutor.
18:32.1
attorney's office, the court and the court
18:34.1
personnel and the supreme court individuals
18:42.1
mag-e-end mga kamads natin.
18:44.1
Maraming salamat sa inyo.
18:48.1
mga kamads natin.
18:50.1
This is just the beginning
18:52.1
of the best parts.
18:54.1
Matulog po tayo ng mahimbing
18:56.1
dahil alam natin na yung natutulog ng mahimbing
18:58.1
siya yung laging panalo.
