Article 112Act No. 3815, Sec./Art. 112

Extinction of civil liability.-Civil liability established in articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as other obligations, in accordance with the provisions of the Civil Law.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

CHAPTER XIX Institution of Actions

SECTION 225. Jurisdiction . — Without prejudice to the

provisions of Subsection 7.1(c), actions under this Act shall

be cognizable by the courts with appropriate jurisdiction

under existing law. (Sec. 57, P.D. No. 49a)

SECTION

226.

Damages .

—

No

damages

may

be

recovered under this Act after the lapse of four (4) years

from the time the cause of action arose. (Sec. 58, P.D. No.

49). (as amended by RA No 10372)

CHAPTER XX Miscellaneous Provisions

SECTION 227. Ownership of Deposit and Instruments . —

All copies deposited and instruments in writing filed with

the National Library and the Supreme Court Library in

accordance with the provisions of this Act shall become

the property of the Government. (Sec. 60, P.D. No. 49 )

SECTION 228. Public Records . — The section or division of

the National Library and the Supreme Court Library

charged with receiving copies and instruments deposited

and with keeping records required under this Act and

everything in it shall be opened to public inspection. The

Director of the National Library is empowered to issue

such safeguards and regulations as may be necessary to

implement this Section and other provisions of this Act.

(Sec. 61, P.D. No. 49 )

SECTION 229. Copyright Division ; Fees . — The Copyright

Section of the National Library shall be classified as a

Division upon the effectivity of this Act. The National

Library shall have the power to collect, for the discharge

of its services under this Act, such fees as may be

promulgated by it from time to time subject to the

approval of the Department Head. (Sec. 62, P.D. 49a)

SECTION

230.

Adoption

of

Intellectual

Property

(IP)

Policies.

—

Schools

and

universities

shall

adopt

intellectual property policies that would govern the use

and creation of intellectual property with the purpose of

safeguarding the intellectual creations of the learning

institution

and

its

employees,

and

adopting

locally-established industry practice fair use guidelines.

These policies may be developed in relation to licensing

agreements entered into by the learning institution with

a collective licensing organization (as amended by RA No

10372)

RA No 9239 | Optical Media Act of 2003

IV. PENAL PROVISIONS

Section 19. Offenses and Penalties . -

(a) Imprisonment of at least three (3) years but not more

than six (6) years, and a fine of not less than Five Hundred

thousand pesos (Php 500,000.00) but not exceeding One

Million five hundred thousand pesos (Php 1,500,000.00),

at the discretion of the Court, shall be imposed on any

person, natural or juridical, who shall:

(1) Engage in the importation, exportation, acquisition,

sale

or

distribution

of,

or

possess

or

operate

manufacturing equipment, parts and accessories without

the necessary licenses from the OMB;

(2) Engage in the mastering, manufacture, replication,

importation or exportation of optical media without the

necessary license from the OMB;

(3) By himself, or through another, cause the mastering,

manufacture or replication of any intellectual property in

optical

media

intended

for

commercial

profit

or

pecuniary gain without authority or consent of the owner

thereof;

(4) Engage in the Mastering, manufacture, or replication

of optical media without affixing or installing in the

resulting products the SID Code, and/or such other codes

prescribed, assigned and authorized by the OMB. The

absence

of

the

codes

prescribed,

assigned

and

authorized by the OMB in any optical media shall be

prima facie evidence that said optical media are in

violation of this Act;

(5) Engage in the mastering, manufacture, or replication

of

optical

media

using, affixing or installing in the

resulting products false SID or other codes. The presence

of false or unauthorized codes shall be prima facie

evidence that said optical media are in violation of this

act;

(6) Engage in the mastering, manufacture, or replication

of

optical

media

using, affixing or installing in the

resulting products false SID or other codes that have

been assigned by the OMB to another person, or, having

been assigned and authorized said codes by the OMB,

allow

or authorize another person, establishment or

entity to use, affix or install such codes in the latter's

products;

(b) Imprisonment of at least one year but not more than

three

years

and a fine not less than one hundred

thousand

pesos,

but

not

exceeding

five

hundred

thousand pesos, at the discretion of the court, for the

following offenses:

(1) Engaging in the importation, exportation, sale or

distribution of, or possess or acquire in commercial

quantities manufacturing materials used or intended for

use in the mastering, manufacture or replication of

optical media without the necessary licenses from the

OMB;

(2) Knowingly performing or rendering the service of

mastering, manufacture or replication of optical media,

after having been licensed by the OMB, to any person, in

respect of any intellectual property, who does not have

the consent by the owner of the intellectual property or

his representatives or assigns;

For this purpose, any person, establishment or entity that

is

licensed

by

the

OMB

to

engage

in

the

above

mentioned activities shall be considered to have acted in

good faith in respect of any transaction entered into by

him in respect to the preceding paragraph, if he notifies

the OMB of such transaction within five working days

from receipt of the order, furnishing to the OMB all

material information thereof;

(3) Refusing to submit to inspection by the OMB, or

surrender

for

preventive

custody any optical media,

equipment, manufacturing materials, including parts,

accessories and paraphernalia found during inspection

operations to be in violation of the provisions of this Act;

For purposes of this subsection, violators who will employ

armed resistance against agents of the OMB shall be

penalized under other applicable laws in addition to

those provide in this Act; and

(a) Imprisonment of at least 30 days but not more than 90

days or a fine of not less than 25,000.00 pesos but not

exceeding fifty thousand pesos at the discretion of the

court:

(1) Knowingly possess items of the same content or title,

produced in violation of this Act, and used for the

purpose with the intent to profit;

(2) Engaging in the sale, rental, distribution, importation,

exportation of, or any other commercial activity involving

optical media that are in violation of this Act.

(b) For subsequent offenses in Section 19(a), uniform

imprisonment of six (6) years but not more than nine (9)

years and a fine of not less than One Million five hundred

thousand pesos (Php 1,500,000.00) but not exceeding

Three million pesos (Php 3,000,000.00) at the discretion

of the Court, shall be imposed.

(c) For subsequent offenses in Section 19(b), uniform

imprisonment of three (3) years but not more than six (6)

years and a fine of not less than Five hundred thousand

pesos (Php 500,000.00) but not exceeding One million

five hundred pesos (PHp 1,500,000.00) at the discretion of

the Court, shall be imposed.

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