kupdf.net_columbia-pictures-vs-ca-august-28-1996-digests.pdf - Facts The National Bureau of Investigation has engaged in an anti-film piracy drive by

kupdf.net_columbia-pictures-vs-ca-august-28-1996-digests.pdf...

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Facts: The National Bureau of Investigation has engaged in an anti-film piracy drive by investigating various video establishments in Metro Manila involving cases violating PD No. 49, as amended, including Sunshine Home Video Inc. (“Sunshine”), owned and operated by Danilo A. Pelindario with address at No. 6 Mayfair Center, Magallanes, Makati, Metro Manila. On November 14, 1987, NBI Senior Agent Lauro C. Reyes applied for a search warrant with the court a quo against Sunshine seeking the seizure, among others, of pirated video tapes of copyrighted films, which the court granted. In the course of the search of the premises indicated in the search warrant, the NBI Agents found and seized various video tapes of duly copyrighted motion pictures/films owned or exclusively distributed by Columbia Pictures, Inc. et al (Columbia et al.) Thereafter, the court has lifted the search warrant which it had therefore issued after a series of motions, up until the CA. In the SC, Sunshine challenged Columbia et al’s legal standing in our courts, they being foreign corporations not licensed to do business in the Philippines. Issue: Whether or not Columbia et al were “doing business” in the Philippines, thus, needs to be licensed before having a legal standing in Philippine courts. Sunshine’s contention: Columbia et al, being foreign corporations, should have such license to be able to maintain an action in Philippine courts. Sunshine point to the fact that Columbia et al are the copyright owners or owners of exclusive rights of distribution in the Philippines of copyrighted motion pictures or films, and also to the appointment of Atty. Rico V. Domingo as their attorney-in-fact, as being constitutive of “doing business in the Philippines” under Section 1(f) (1) and (2), Rule 1 of the Rules of the Board of Investments. As foreign corporations doing business in the Philippines, Section 133 of Batas Pambansa Blg.
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