Article 110Act No. 3815, Sec./Art. 110

Several and subsidiary liability of principals, accomplices, and accessories of a felony-Preference in payment.-Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiarily for those of the other persons liable.

The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

CHAPTER XVII Infringement

SECTION 216. Infringement . — A person infringes a right

protected under this Act when one:

(a) Directly commits an infringement;

(b) Benefits from the infringing activity of another person

who commits an infringement if the person benefiting

has been given notice of the infringing activity and has

the right and ability to control the activities of the other

person;

(c) With knowledge of infringing activity, induces, causes

or materially contributes to the infringing conduct of

another.

(as amended by RA No 10372)

216.1 Remedies for Infringement . — Any person infringing

a right protected under this law shall be liable:

(a) To an injunction restraining such infringement. The

court may also order the defendant to desist from an

infringement, among others, to prevent the entry into the

channels of commerce of imported goods that involve an

infringement, immediately after customs clearance of

such goods.

(b) To pay to the copyright proprietor or his assigns or

heirs such actual damages, including legal costs and

other expenses, as he may have incurred due to the

infringement as well as the profits the infringer may have

made due to such infringement, and in proving profits

the plaintiff shall be required to prove sales only and the

defendant shall be required to prove every element of

cost which he claims, or, in lieu of actual damages and

profits, such damages which to the court shall appear to

be just and shall not be regarded as penalty: Provided,

That the amount of damages to be awarded shall be

doubled against any person who:

(i) Circumvents effective technological measures; or

(ii) Having reasonable grounds to know that it will induce,

enable, facilitate or conceal the infringement, remove or

alter any electronic rights management information from

a copy of a work, sound recording, or fixation of a

performance,

or

distribute,

import

for

distribution,

broadcast, or communicate to the public works or copies

of works without authority, knowing that electronic rights

management information has been removed or altered

without authority.

(as amended by RA No 10372)

(c)

Deliver

under

oath,

for

impounding

during

the

pendency of the action, upon such terms and conditions

as the court may prescribe, sales invoices and other

documents

evidencing

sales,

all

articles

and

their

packaging

alleged

to

infringe

a

copyright

and

implements for making them.

(d)

Deliver

under

oath

for

destruction

without

any

compensation all infringing copies or devices, as well as

all

plates,

molds,

or

other

means for making such

infringing copies as the court may order.

(e)

Such

other

terms

and conditions, including the

payment of moral and exemplary damages, which the

court may deem proper, wise and equitable and the

destruction of infringing copies of the work even in the

event of acquittal in a criminal case.

The copyright owner may elect, at any time before final

judgment

is

rendered,

to

recover

instead

of actual

damages and profits, an award of statutory damages for

all

infringements

involved

in

an

action

in

a

sum

equivalent to the filing fee of the infringement action but

not less than Fifty thousand pesos (Php50.000.00). In

awarding statutory damages, the court may consider the

following factors:

(1) The nature and purpose of the infringing act;

(2) The flagrancy of the infringement;

(3) Whether the defendant acted in bad faith;

(4) The need for deterrence;

(5) Any loss that the plaintiff has suffered or is likely to

suffer by reason of the infringement; and

(6) Any benefit shown to have accrued to the defendant

by reason of the infringement.

In case the infringer was not aware and had no reason to

believe

that

his

acts

constitute

an infringement of

copyright, the court in its discretion may reduce the

award of statutory damages to a sum of not more than

Ten thousand pesos (Php10,000.00): Provided, That the

amount of damages to be awarded shall be doubled

against any person who:

(i) Circumvents effective technological measures; or

(ii) Having reasonable grounds to know that it will induce,

enable, facilitate or conceal the infringement, remove or

alter any electronic rights management information from

a copy of a work, sound recording, or fixation of a

performance,

or

distribute,

import

for

distribution,

broadcast, or communicate to the public works or copies

of works without authority, knowing that electronic rights

management information has been removed or altered

without authority.

(as amended by RA No 10372)

216.2. In an infringement action, the court shall also have

the power to order the seizure and impounding of any

article

which

may

serve

as

evidence

in

the

court

proceedings, in accordance with the rules on search and

seizure involving violations of intellectual property rights

issued by the Supreme Court. (Sec. 28, P.D. No. 49a)

The foregoing shall not preclude an independent suit for

relief by the injured party by way of damages, injunction,

accounts or otherwise.

(as amended by RA No 10372)

SECTION 217. Criminal Penalties . — 217.1. Any person

infringing any right secured by provisions of Part IV of this

Act or aiding or abetting such infringement shall be

guilty of a crime punishable by:

(a) Imprisonment of one (1) year to three (3) years plus a

fine ranging from Fifty thousand pesos (P50,000) to One

hundred fifty thousand pesos (P150,000) for the first

offense.

(b) Imprisonment of three (3) years and one (1) day to six

(6) years plus a fine ranging from One hundred fifty

thousand pesos (P150,000) to Five hundred thousand

pesos (P500,000) for the second offense.

(c) Imprisonment of six (6) years and one (1) day to nine (9)

years plus a fine ranging from Five hundred thousand

pesos (P500,000) to One million five hundred thousand

pesos (P1,500,000) for the third and subsequent offenses.

(d) In all cases, subsidiary imprisonment in cases of

insolvency.

217.2.

In

determining

the

number

of

years

of

imprisonment and the amount of fine, the court shall

consider the value of the infringing materials that the

defendant

has

produced

or

manufactured

and

the

damage that the copyright owner has suffered by reason

of

the

infringement:

Provided,

That

the

respective

maximum penalty stated in Section 217.1. (a), (b) and (c)

herein for the first, second, third and subsequent offense,

shall be imposed when the infringement is committed

by:

(a)

The

circumvention

of

effective

technological

measures;

(b) The removal or alteration of any electronic rights

management information from a copy of a work, sound

recording, or fixation of a performance, by a person,

knowingly and without authority; or

(c)

The

distribution,

importation

for

distribution,

broadcast, or communication to the public of works or

copies of works, by a person without authority, knowing

© Compiled By RGL

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