20th Century Fox vs CA [G.R. Nos. 76649-51] Case Digest

 

20^th Century Fox vs CA

G.R. Nos. 76649-51

 

Facts:

Petitioner 20th Century Fox Film Corporation through counsel sought the NBI assistance in the conduct of searches and seizures in connection with the latter's anti-film piracy campaign. The letter-complaint alleged that certain videotape outlets all over Metro Manila are engaged in the unauthorized sale and renting out of copyrighted films in videotape form which constitute a flagrant violation of Presidential Decree No. 49 (otherwise known as the Decree on the Protection of Intellectual Property).  NBI conducted surveillance and investigation of the outlets pinpointed by the petitioner and subsequently filed three (3) applications for search warrants against the video outlets owned by the private respondents. The applications were consolidated and heard by the Regional Trial Court of Makati.

The lower court issued the desired search warrants. The search warrants described the articles sought to be seized as follows:  “Television sets, Video Cassettes Recorders, rewinders, tape head cleaners, accessories, equipments and other machines used or intended to be used in the unlawful reproduction, sale, rental/lease distribution of the above-mentioned video tapes which she is keeping and concealing in the premises above-described." Armed with the search warrants, the NBI accompanied by the petitioner's agents, raided the video outlets and seized the items described therein. An inventory of the items seized was made and left with the private respondents.  

Acting on a motion to lift search warrants and release seized properties filed by the private respondents, the lower court issued an order lifting the three (3) search warrants issued earlier against the private respondents by the court.  NBI are hereby ordered to be returned to their owners through their lawyer. The petition for certiorari filed by the petitioner in CA was dismissed.

 

Issue:

Whether or not the search warrant issued were in nature of general warrant.

 

Held:

Yes.

 

Ratio:

Another factor which makes the search warrants under consideration constitutionally objectionable is that they are in the nature of general warrants.

Television sets, video cassette recorders, re-winders and tape cleaners are articles which can be found in a video tape store engaged in the legitimate business of lending or renting out betamax tapes. In short, these articles and appliances are generally connected with, or related to a legitimate business not necessarily involving piracy of intellectual property or infringement of copyright laws. Hence, including these articles without specification and/or particularity that they were really instruments in violating an Anti-Piracy law makes The search warrant too general which could result in the confiscation of all items found in any video store. In fact, this actually happened in the instant case.

The proliferation of pirated tapes of films not only deprives the government of much needed revenues but is also an indication of the widespread breakdown of national order and discipline. Courts should not impose any unnecessary roadblocks in the way of the anti-film piracy campaign. However, the campaign cannot ignore or violate constitutional safeguards. To say that the problem of pirated films can be solved only by the use of unconstitutional shortcuts is to denigrate the long history and experience behind the searches and seizures clause of the Bill of Rights.