Sony Music Entertainment (Phils.), Inc. vs. Español

G.R. No. 156804, March 14, 2005

Petitioner’s claim: 

Private respondents James Uy, David Chung, Elena Lim and another officer of respondent Solid Laguna Corporation (SLC) violated Presidential Decree (PD) No. 1987. Petitioner allege that the four (4) were engaged in the replication, reproduction and distribution of videograms without license and authority from the Videogram Regulatory Board (VRB). Pivate respondents were also charged with copyright infringement in violation of Sections 172 and 208 in relation to other provisions of RA No. 8293.

Respondents’ claim: 

Respondents stated that they were licensed by the Videogram Regulatory Board to operate as replicator and duplicator of videograms. Taking into account that respondents were licensed to engage in replicating/duplicating CDs and VCDs, the issuance of search warrant was of no force and effect as there was absence of probable cause to justify said issuance

Issue: 

Whether a search warrant must be quashed based on the fact that respondent was duly licensed by VRB.

Disposition of the case: 

Petition is DISMISSED.

Dictum: 

VRB license is no defense to a charge of violating Section 208 of R.A. No. 8293. It must be stressed in this regard, however, that the core issue here is the validity of the warrant which applicant secured on the basis of, among others, his representation which turned out to be false.  The issuance of the search warrant in question did not meet the requirements of probable cause. The respondent judge did not accordingly err in quashing the same, let alone gravely abuse her discretion.