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Sandra Patricia M.

Palileo Mc 127: LAWS ON MASS MEDIA

Intellectual Property Code, Patent, Trademark, Copyright


Republic Act No. 8293 - AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES Functions: vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act

Discoveries, scientific theories and mathematical methods Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. Aesthetic creations Anything which is contrary to public order or morality

Prior art - Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention Right to a patent: The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly.

Rights Conferred by Patent Where the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product; Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained directly or indirectly from such process. Patent owners shall also have the right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same.

Patent - a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention. Patentable inventions: Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.

Non-patentable inventions:

Limitations of a patent

The owner of a patent has no right to prevent third parties from performing, without his authorization except: Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent, insofar as such use is performed after that product has been so put on the said market Where the act is done privately and on a non-commercial scale or for a non-commercial purpose: Provided, That it does not significantly prejudice the economic interests of the owner of the patent; Where the act consists of making or using exclusively for the purpose of experiments that relate to the subject matter of the patented invention; Where the act consists of the preparation for individual cases, in a pharmacy or by a medical professional, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared; Where the invention is used in any ship, vessel, aircraft, or land vehicle of any other country entering the territory of the Philippines temporarily or accidentally: Provided, That such invention is used exclusively for the needs of the ship, vessel, aircraft, or land vehicle and not used for the manufacturing of anything to be sold within the Philippines.

The public interest, in particular, national security, nutrition, health or the development of other sectors, as determined by the appropriate agency of the government, so requires; or (b) A judicial or administrative body has determined that the manner of exploitation, by the owner of the patent or his licensee is anti-competitive.

Trademark - a symbol, word, or words legally registered or established by use as representing a company or product. A mark cannot be registered if: Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services; Consists exclusively of signs that are generic for the goods or services that they seek to identify Is contrary to public order or morality

What if somebody has already used the invention prior to the filing? prior user, who, in good faith was using the invention or has undertaken serious preparations to use the invention in his enterprise or business, before the filing date or priority date of the application on which a patent is granted, shall have the right to continue the use thereof as envisaged in such preparations within the territory where the patent produces its effect. Can the government use the invention without the owner's permit? Yes.

Duration of the registration A certificate of registration shall remain in force for ten (10) years (May be renewed) Infringement Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, That the infringement takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or services using the infringing material Limitations to Actions for Infringement a registered mark shall have no effect against any person who, in good faith, before the filing date or the priority date, was using the mark for the purposes of his business or enterprise Where the infringement complained of is contained in or is part of paid advertisement in a newspaper, magazine, or other similar periodical or in an electronic communication

Copyright - the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. What are protected by copyright? 1. Literary and Artistic Works (a) Books, pamphlets, articles and other writings; (b) Periodicals and newspapers; (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; (d) Letters; (e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; (f) Musical compositions, with or without words; (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art; (h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; (i) Illustrations, maps, plans, sketches, charts and threedimensional works relative to geography, topography, architecture or science; (j) Drawings or plastic works of a scientific or technical character; (k) Photographic works including works produced by a process analogous to photography; lantern slides; (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; (m) Pictorial illustrations and advertisements; (n) Computer programs; and (o) Other literary, scholarly, scientific and artistic works.

2. Derivative works (a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and (b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. 3. Published Edition of Work Works not protected Unprotected Subject Matter Works of the Government

arriving from foreign countries and are not intended for sale but must not exceed three copies) Cases Asia Brewery VS Court of Appeals Facts: San Miguel Corporation (SMC) filed a complaint against Asia Brewery Inc. (ABI) for infringement of trademark and unfair competition on account of the latter's BEER PALE PILSEN or BEER NA BEER product which has been competing with SMC's SAN MIGUEL PALE PILSEN for a share of the local beer market. Issue: Whether or not ABI infringes SMCs trademark and as such constitutes unfair competition Result: The trial court dismissed the complaint finding that ABI has not committed trademark infringement or unfair competition. The Court of Appeals however, reversed the decision finding that ABI is guilty of trademark infringement and unfair competition. Infringement is determined by a test of dominancy. If the competing trademark contains the main or essential or dominant features of another and confusion and deception is likely to result, infringement takes place.The dominant feature of SMCs trademark are the words San Miguel Pale Pilsen while that of Asia Brewerys trademark is the word Beer. Nowhere in SMCs product can be seen the word Beer nor in Asia Brewerys product can be seen the words San Miguel Pale Pilsen. Surely, someone buying Beer na Beer cannot mistake it as S an Miguel Pale Pilsen beer. The universal test for this is whether the public is likely to be deceived. Actual or probable deception and confusion on the part of the customers by reason of defendants practices must appear. However, this is unlikely to happen in the case at bar for consumers generally order beer by brand. The word pale pilsen on ABIs trademark does not constitute trademark infringement for it is a generic word descriptive of the color of a type of

Limitations on copyright Accessible to the public (Provided that there is citation of sources) Fair Use of a Copyrighted Work Work of Architecture (Provided, That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates. ) Reproduction of Published Work (made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.) Reprographic Reproduction by Libraries (whose activities are not for profit may, without the authorization of the author of copyright owner, make a single copy of the work by reprographic reproduction) Reproduction of Computer Program (Provided, That the copy or adaptation is necessary) Importation for Personal Purposes (When copies of the work are not available in the Philippines and When such copies form parts of libraries and personal baggage belonging to persons or families

beer. No one may appropriate generic or descriptive words for they belong to the public domain. ABI is likewise not guilty of unfair competition for unfair competition is the employment of deception or any other means contrary to good faith by which a person shall pass off the goods manufactured by him for those of another who has already established goodwill for his similar goods. ANA L. ANG vs TORIBIO TEODORO

complaint against respondent Sunshine Sauce Manufacturing Industries (SSMI), also a maker of catsup and other kitchen sauces. In its complaint, Del Monte alleged that SSMI are using bottles and logos identical to the petitioner, to which is deceiving and misleading to the public. In its answer, Sunshine alleged that it had ceased to use the Del Monte bottle and that its logo was substantially different from the Del Monte logo and would not confuse the buying public to the detriment of the petitioners. The Regional Trial Court of Makati dismissed the complaint. It held that there were substantial differences between the logos or trademarks of the parties nor on the continued use of Del Monte bottles. The decision was affirmed in toto by the Court of Appeals. ISSUE: Whether or not SSMI committed infringement against Del Monte in the use of its logos and bottles. HELD: Yes. In determining whether two trademarks are confusingly similar, the two marks in their entirety as they appear in the respective labels must be considered in relation to the goods to which they are attached; the discerning eye of the observer must focus not only on the precognizant words but also on the other features appearing on both labels. It has been correctly held that side-by-side comparison is not the final test of similarity. In determining whether a trademark has been infringed, we must consider the mark as a whole and not as dissected. The Court is agreed that are indeed distinctions, but similarities holds a greater weight in this case. The Sunshine label is a colorable imitation of the Del Monte trademark. What is undeniable is the fact that when a manufacturer prepares to package his product, he has before him a boundless choice of words, phrases, colors and symbols sufficient to distinguish his product from the others. Sunshine chose, without a reasonable explanation, to use the same colors and letters as those used by Del Monte though the field of its selection was so broad, the inevitable conclusion is that it was done deliberately to deceive. With regard to the bottle use, Sunshine despite the many choices available to it and notwithstanding that the caution "Del Monte Corporation, Not to

Facts: Respondent Toribio Teodoro has continuously used Ang Tibay, both as a trademark and as a trade name, in the manufacture and sale of slippers, shoes and indoor baseballs since 1910. on september 29, 1915, he formally registered it as a trademark and as tradename on January 3, 1933. Petitioner Ana Ang registered the same trademark Ang Tibay for pants and shirt on April 11, 1932, and established a factory for the manufacture of said articles in the year 1937. Issue: Whether or not the respondent is guilty of infringement? Held: The court have come to realize that There can be unfair competition Or unfair trading even if the goods are Non-competing, and that such unfair Trading can cause injury or damage to the first User of a given trademark, first, by having his Business reputation confused with and put at Mercy of the second user. The Supreme Court ruled that by Toribios long and exclusive use of Ang Tibay with reference to his products and his business, Ang Tibay has acquired a secondary meaning such that one hears Ang Tibay, one thinks right away of Toribios shoes. Association know Ang Tibay shoes and slippers known throughout the Philippines as a products of the Ang Tibay factory owned and operated by Teodoro. DEL MONTE VS. CA FACTS: Petitioner Del Monte Corporation (Del Monte), through its local distributor and manufacturer, PhilPack filed an infringement of copyright

be Refilled" was embossed on the bottle, still opted to use the petitioners' bottle to market a product which Philpack also produces. This clearly shows the private respondent's bad faith and its intention to capitalize on the latter's reputation and goodwill and pass off its own product as that of Del Monte. SAMBAR VS. LEVI STRAUSS Facts: On Sept. 28, 1987, private respondents, through a letter from their legal officer, demanded that the CVS Garment Enterprises desist from using their stitched arcuate design on the Europress jeans which CVSGE advertised in the Manila Bulletin. Private respondent alleged in their complaint that Levi Strauss and Co. an internationally known manufacturer, owns the arcuate design trademark which was registered under U.S. Trademark Registration no. 404 on 1943 and in the Principal Register of trademarks with the Philippine Patent Office under Certificate of Registration no. 20240 issued on 1973. Sometime in 1987, CVSGIC and Venancio Sambar, without the consent and authority of the private respondents sold, advertise and despite the demands to cease and desist continued to Manufacture denim pants under Europress with the back pockets bearing similar arcuate design of the arcute trademark of the private respondents, thereby confusing consumers prejudicial to private respondents goodwill and property right. Issue: Whether or not SAMBAR infringed on Levi's accurate design Held: In the findings of the Court of Appeals the use of the arcuate design is an infringement of the Levis Jeans. CA said that there were confusing similarities between Levis and Europress. Petitioner maintains that although the back pockets has similarities in arcuate designs, the public was not confused because Levis has marks that the Europress does not have. Further, he say Levis long history and popularity made its trademark easily identifiable by the public. Private respondents said the infringement of the trademark does not require similarities of the design. Private respondents explained that in a market research they conducted 600 respondents saying they were

confused which one is the Levis jeans and the Europress jeans because of the very similar arcuate design. CVS Garment and Industrial Company (CVSGIC) and petitioner Venancio Sambar was ordered to pay private respondents jointly and solidarily the sum of P50,000 as temperate and nominal damages, P10,000 as exemplary damages, and P25,000 as attorneys fees and litigation costs, and ordering the Director of the National Library to cancel Copyright Registration No. 11998 in the name of Venancio Sambar. SO ORDERED

KBP, NTC, MTRCB


What is National Telecommunications Commission? The National Telecommunications Commission (NTC) is the government agency created under Executive Order No. 546 promulgated on July 23, 1979 It is the sole body that exercises jurisdiction over the supervision, adjudication and control over all telecommunications services throughout the country. For the effective enforcement of this responsibility, it adopts and promulgates such guidelines, rules, and regulations relative to the establishment operation and maintenance of various telecommunications facilities and services nationwide. Although independent insofar as its regulatory and quasi-judicial functions are concerned, the NTC remains under the administrative supervision of the Department of Transportation and Communications as an attached agency However, with respect to its quasi-judicial functions, NTC's decisions are appealable only and directly to the Supreme Court of the Philippines. NTC Commissioner: Gamaliel A Cordoba Mandates of NTC

Regulates the installation, operation and maintenance of radio stations both for private and public use (Act No. 3846, as amended) Regulates and supervises the provision of public telecommunications services (RA 7925, CA146, as amended) Manages the radio spectrum (Act No. 3846, as amended and RA7925) Regulates and supervises radio and television broadcast stations, cable television (CATV) and pay television (EO546 and EO205)

government agency responsible for the classification and review of television programs, movies and home videos. Guiding Principle of MTRCB The BOARD shall review and classify motion pictures, television programs and related promotion materials and commercials for TV and cinema, applying as a general standard contemporary Filipino cultural values. No motion picture, television, or promotional material intended for such exhibition shall be disapproved by reasons of its topic, theme or subject matter, subject to Article 201 of the Revised Penal Code.

Functions of NTC Grant certificates of Public convenience and Necessity/Provisional Authority to install, operate and maintain telecommunications, broadcast and CATV services Grant licenses to install, operate and maintain radio stations Type-approve/type-accept all radio communications, broadcast and customer premises equipment Conduct radio communtcations examination and issue radio operators certificate Prepare, plan and conduct studies for policy and regulatory purposes Monitor the operation of all telecommunications and broadcast activities Enforce applicable domestic and intemational laws, rules and regulations, prosecute violation thereof, and impose appropriate penalties/sanctions Issue licenses to operate land, maritime, aeronautical and safety devices Perform such other telecommunications/broadcast-related activities as may be necessary in the interest of public service Allocate/sub-allocate and assign the use of radio frequencies

Scope of Authority All motion pictures, television and commercials intended for public exhibition in theatres and television, and related publicity materials and/or promotional materials, whether imported or produced in the Philippines, for the purpose of local viewing or for export, shall be subject to review and classification by the BOARD before they are exported, copied, distributed, sold, leased and exhibited.

Motion Picture - A series of pictures projected on a screen in a rapid succession so as to produce the optical effect of a continuous picture in which the objects move whether the picture is in black and white in color, silent or with accompanying sound, on whatever medium, with whatever mechanism or equipment they are projected for instant showing. Basis of classifying Motion Pictures theme violence language nudity sex horror

The Movie and Television Review and Classification Board (MTRCB), created by the virtue of Presidential Decree No. 1986, is a Philippine

illegal drugs Kapisanan ng mga Brodkaster ng Pilipinas (KBP) is a broadcast media organization in the Philippines which provides its members broadcasting standards

MOVIE CLASSIFICATION Movies shall be classified as: GENERAL PATRONAGE (G) - Green, All ages admitted. Suitable for all audiences. PARENTAL GUIDANCE 13 (PG-13) - Blue,Viewers below 13 years old must be accompanied by a parent or an adult. RESTRICTED 13 (R-13) - Yellow orange, Those who are 13 and above may view an R-13 film. RESTRICTED 18 (R-18) - Red, Only those who are 18 years and above can watch an R-18 movie. NOT FOR PUBLIC VIEWING (X)

WIRETAP, TRESPASS, CYBERCRIME


Anti-Wiretapping Law - AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES. Sec 1 of Anti Wiretapping Law:

TELEVISION CLASSIFICATION All television programs, motion pictures, and publicity/ promotional materials for or pertaining to television broadcast are to be classified as: GENERAL PATRONAGE (G) - Green, Suitable for all ages. Material for television which, in the judgment of the BOARD, does not contain anything unsuitable for children and minors, and may be viewed without adult guidance or supervision. PARENTAL GUIDANCE (PG) - Blue, Material for television which, in the judgment of the BOARD, may contain some adult material but may be permissible for children to watch under the guidance and supervision of a parent or adult. STRONG PARENTAL GUIDANCE (SPG) - Red, These are television programs that contain sensitive Theme, Language, Violence, Sex, Horror and Drugs that may be watched by children but with the strict guidance and supervision of a parent or adult.

It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described.

Exemptions of The Anti-Wiretapping Law: a peace officer, who is authorized by a written order of the Court, may execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion,

All television programs, motion pictures, and publicity/ promotional materials for or pertaining to television broadcast are to be classified as:

sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security.

b). It may be against persons or against things c). The prohibition may be express or implied, in any form, and made at any time, not necessarily at the time of entry. d). Examples: (i) Pushing aside the victim who is blocking the door (ii) cutting the string used as temporary lock (iii) removing the bolt (iv) kicking the door open

TRESPASS Kinds: 1. Trespass to dwelling which, depending upon the mode of entry, may be either: (a). Simple which is entry without violence or (b) Qualified which is entry with violence 2. Trespass to Estate or to Property II. Trespass to Dwelling: this connotes that a stranger i.e. one who is not an occupant, actually enters the dwelling of another against the will of the owner or lawful occupant, whether express or implied. 1. Dwelling: the place where a person habitually stays for rest, comfort and peace of mind. a). It includes the basic structure and the dependencies. b). It may be owned by the victim or is merely leased by him or he is a guest or works thereat as a stay-in. c). The occupant need not be present at the time of entry 2. The accused is a private person else the crime is Violation of Domicile. 3. In Qualified Trespass, the entry is by means of violence or intimidation a). The violence or intimidation may be either immediately before, during or immediately after the accused has gained entry 4. If there is no violence it is simple trespass a). This includes surreptitious entry b). When the accused entered by pushing open a door with his finger, the crime is simple trespass. But if upon entering an occupant pushes him out and the accused boxed, kicked or fought against the occupant, the crime is qualified trespass c). A consented entry does not become unconsented thereby giving rise to trespass just because the entrant performed an act whereby he is ordered to leave but he refused. Example: The maid allowed the accused to enter. When the father learned his intention was to court the daughter, he got mad, berated the accused and told him to leave. The accused refused not until he can see the daughter. Before being forcibly pushed out, the accused answered back and argued with the father. Did the accused commit trespass? Answer: No, because he was allowed to enter by a lawful occupant. But if the father had previously already told the accused he was not welcome into his house and instructed the maid not to let the accused enter but the maid later allowed the accused to enter, the accused is guilty of trespass.

5. The entry must not be to commit a more serious crime inside the dwelling because: a). The entry maybe absorbed as an element of the crime, such as in robbery b). It may constitute the aggravating circumstance of unlawful entry or dwelling, as when the accused entered the dwelling in order to kill or injure an occupant. c). Where a person was found inside a dwelling, and upon discovery he kills an occupant, there are two separate crimes: (i) trespass and (ii) homicide or murder 6. The accused may be the owner of the building so long as the occupancy was voluntarily given to the victim. Example: the lessee may file Trespass against the lessor who enters the leased premises against the will of the lessee. 7. Justified trespass: If the entry is: (a) to prevent serious harm to himself, to an occupant or to a third person (b). to render some service to humanity or justice (c). in case of public houses while they are open Example: X snatched the wallet of Y who gave chase. X ran inside an apartment and Y followed inside and collared the snatcher. X is liable for trespass but Y is not.

a). The estate or closed premises must be uninhabited b). There is a manifest prohibition against entry, such as a sign, or perimeter fence even if only a strand of barbed wire c). The permission of the owner or caretaker has not been secured B. This includes unauthorized entry into commercial establishments and private offices Cybercrime Prevention Act of 2012 The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on 12 September 2012.

Republic Act No. 10175: AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

It aims to address legal issues concerning online interactions and the Internet in the Philippines. Crimes under Cybercrime Prevention Act Cybersquatting; It is the acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same. Cybersex; It is the willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. Child pornography; It is the unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. Identity Theft ; It is the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying

Example: A traveler climbed through a window and entered a house the occupants of which are absent. The traveler had no place to sleep and a typhoon was raging. He is not liable for trespass. III. Trespass to Fenced Estate or Closed Premises ( Trespass to Property) A. This requires:

information belonging to another, whether natural or juridical, without right. Illegal access to data; Refers to the access to the whole or any part of a computer system without right. Libel; It's the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

Update: On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court. On May 24, 2013, The DOJ announced that provisions of the law have been dropped, namely, the contentious online libel provisions.