Saturday, September 10, 2011

Case Digest

Sony Music Entertainment vs. Judge Español


Sony Music Entertainment is suing Judge Dolores Español nullifying the Petition for Certiorari with application for injunctive relief and then denying reconsideration of the said petition.

From the said petition, the respondents were private namely James Uy, David Chung, Elena Lim and another officer of respondent Solid Laguna Corporation with violation were engaged in the replication, reproduction and distribution of videograms without license and authority from VRB. On Account of this and petitioner's own complaints for copyright infringement. The National Bureau Investigation, through Agent Ferdinand Lavin, presided by Judge Español, for the issuance of search warrants against private respondents doing business under the name and style “Media Group” inside the factory and production facility of SLC.

Agent Lavin and the witnesses conduct an investigation, in the course of which unnamed persons informed them that allegedly infringing or pirated discs were being manufactured somewhere in an industrial park in Laguna. The respondents prove before the Department of Justice that they were licensed by VRB up to the time of search. DOJ dismissed VRB's complaint. Respondents issued Quash Search Warrants.


Whether or not Judge Español committed a grave abuse of her discretion regarding the case.


No. Case, in fact, is lacking of evidence to prove that the respondents of the case were not authorized reproducers of videograms. The fact that Agent Lavin do not have actual knowledge about the cd he purchased was illegally reproduced, thus, he just have learned it from unnamed person. The fact that the respondenmts do have a license form VRB made them an authorized replicator and distributor of videograms.

The issuance of search warrant predicated on the sworn testimonies of persons without personal knowledge of fact they were testifying on and who relied on a false certification issued by VRB. Based as it were on hearsay and false information, its issuance was without probable cause and therefore invalid. The decision was fair and the Judge did not abuse her discretion.


Vallarfax said...

Wow! Case na ah! =)

Thyne said...

Hindi muna ako nagenrol this sem. ngarag ako sa trabaho. peak season e. :(