Columbia Pictures Inc., et.a l. v.

CA, Sunshine Home Video, and Pelindario

FACTS:

- Complainants lodged complaint with NBI for violation of PD 49 “DECREE ON THE

PROTECTION OF INTELLECTUAL PROPERTY
- NBI agents made discreet surveillance on various video establishments including Sunshine Home
Vidoe, owned and operated by Danilo A. Pelindario
- November 1987: NBI Senior Agent Reyes applied for SW with court a quo seeking seizure of
pirated video tapes of copyrighted films + TV sets, video casettes, and/or laser disc recordings
equipment and other machines and paraphernalia used or intended to be used in the unlawful
exhibition, showing, reproduction, sale, lease or disposition of videograms tapes in the
premises above described
o In the hearing, NBI agent Reyes reiterated in substance his averments in his affidavit
o His testimony was corroborated by another witness, Mr. Rene C. Baltazar. Atty.
Rico V. Domingos deposition was also taken
- Thus SW for violation of Sec 56 PD 49 was issued by the court
- SW was served, and in the course of the search, NBI Agents found and seized various
video tapes of duly copyrighted motion pictures/films owned or exclusively distributed by
private complainants, and machines, equipment, television sets, paraphernalia,
materials, accessories all of which were included in the receipt for properties
accomplished by the raiding team. Copy of the receipt was furnished and/or tendered to
Mr. Danilo A. Pelindario, registered owner-proprietor of Sunshine Home Video.
- Two days later, a Return of SW was filed with the court
- A Motion to Lift the Order of the SW was filed but later denied for lack of merit
- MR of Order of denial was filed, court granted it
- Court granted MR:
o It is undisputed that the master tapes of the copyrighted films from
which the pirated films were allegedly copies (sic), were never
presented in the proceedings for the issuance of the search warrants in
question. The orders of the Court granting the search warrants and
denying the urgent motion to lift order of search warrants were,
therefore, issued in error. Consequently, they must be set aside. (p. 13,
Appellants Brief) [5]

- Petitioners appealed to CA
- CA dismissed appeal, denied MR
- Hence this petition for review on certiorari
-