Republic of the Philippines

REGIONAL TRIAL COURT OF NEGROS ORIENTAL

7th Judicial Region
Branch 99
Dumaguete City
EDILBERTO BRAVO,
Plaintiff,

CIVIL CASE NO. _________

For: Violation of Article 19 & 20 of the
New Civil Code in relation to Section
177 and 216 of Republic Act No. 8293

- versus JOSE DAMOLMOG

Defendant.
X----------------------/

C O M PLAI N T
Plaintiff, through counsel, unto this Honorable Court, most
respectfully states that:
PARTIES
1.
Plaintiff is a Filipino, of legal age, single, and a resident of
Alpha Street, Barangay Daro, Dumaguete City, Negros Oriental.
2.
Defendant is a Filipino, of legal age, single, and a resident of
Barangay Bato-bato, Municipality of Valencia, Negros Oriental, where he
can be served with summons, notices, orders and other processes of the
Honorable Court.
CAUSE OF ACTION
3. Plaintiff is instituting this action under Article 19 and 20 of the New
Civil Code in relation to Section 177 and 216 (b) and (e) of Republic Act
No. 8293 allowing compensation for damages incurred upon an act
constituting an abuse of right in connection with the Intellectual Property
Code of the Philippines.
In Ernesto Ramas Uypitching and Ramas Uypitching, Inc. vs. Ernesto
Quiamco (G.R. No. 146322; December 6, 2002), the Honorable Supreme
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Court of the Philippines held that, Article 19, also known as the principle
of the abuse of right, prescribes that a person should not use his right
unjustly or contrary to honesty and good faith, otherwise, he opens himself
to liability. It seeks to preclude the use of, or the tendency to use, a legal
right (or duty) as a means to unjust ends. There is an abuse of right when it
is exercised solely to prejudice or injure another. The exercise of a right
must be in accordance with the purpose for which it was established and
must not be excessive or unduly harsh; there must be no intention to harm
another. Otherwise, liability for damages to the injured party will attach.
In addition, in the case of Pacita I. Habana, et al. vs. Felicidad Roble
and Goodwill Trading (G.R. No. 131522, July, 1999), the Honorable Court
of the Philippines held that, Failure to acknowledge original author
produces an injurious effect. In cases of infringement, copying alone is not
what is prohibited. The copying must produce an injurious effect. In the
instant case, the injury consists in that respondent lifted from petitioners
work and compilation and misrepresented them as her own.
STATEMENT OF ULTIMATE FACTS
3.
Plaintiff delivered a lecture entitled The Relationship of the
Discipline of Law and the Discipline of Business and the challenges of the
Graduates of Law at around 2 PM of March 3, 2015 held at Silliman
University College of Law Moot Court. A copy of the transcript of plaintiffs
whole lecture is hereto attached as Annex A and is made as an integral
part of this complaint.
4.
Defendant is a Law Professor of Baroque Law School, who was
invited to attend plaintiffs lecture.
5.
On or about March 9, 2015, at around 10 o clock in the
morning, defendant without the consent and authority from the plaintiff,
delivered a lecture held at Baroque Law School, which lecture was also
entitled The Relationship of the Discipline of Law and the Discipline of
Business and the challenges of the Graduates of Law, and using
substantially the same contents of the lecture delivered by plaintiff sometime
on March 3, 2015 at Silliman University College of Law Moot Court,
wherein defendant was also present therein. A copy of the lecture delivered
by defendant is hereto attached as Annex B and is made as an integral
part of this complaint.
6.
Apparently, defendant fraudulently recorded the entirety of
plaintiffs lecture when the latter delivered his lecture on March 3, 2015 at
Silliman University College of Law Moot Court, and used plaintiffs lecture
without the latters consent and authority, when he delivered his own lecture
at Baroque Law School.
2

7.
The acts of defendant blatantly violate Article 19 and 20 of the
New Civil Code and Republic Act No. 8293 making him liable for damages
under Section 216 (b) and (e) of Republic Act No. 8293 1 for copying and
recording the lecture of plaintiff and subsequently delivered and claimed it
as his own
8.
Plaintiff being deprived of his rights over his work has suffered
actual damages in the sum of ONE MILLION FIVE HUNDRED
THOUSAND PESOS (P 1, 500, 000.00) and moral damages in the sum of
FIFTY THOUSAND PESOS (P 50, 000.00)
9.
For being compelled to litigate, plaintiff was constrained to
engage the services of the undersigned counsel in order to protect and
vindicate his rights and interests for an agreed attorneys fees of FIFTY
THOUSAND PESOS (P50, 000. 00) and appearance fees of P1,000.00 for
every hearing set or held in connection with the filing of this complaint.
10. By way of example or correction for the public good, and to
deter defendant from doing the same acts, an amount of ONE HUNDRED
THOUSAND PESOS (P100,000.00) should be awarded as exemplary
damages.
11. To vindicate plaintiffs right, he filed the instant Complaint and
incurred litigation expenses which defendant must compensate.
PRAYER
WHEREFORE, plaintiff respectfully prays for judgment in his favor
through a Decision directing defendant to pay plaintiff:
I. The amount of ONE MILLION FIVE HUNDRED THOUSAND
PESOS (P 1, 500, 000.00) as actual damages;
II. The amount of FIFTY THOUSAND PESOS (P50,000.00) as
attorneys fees;
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Section 216. Remedies for Infringement. - 216.1. Any person infringing a right protected under this law
shall be liable:
xxx
(b) 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.
Xxx
(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.

III. The amount of ONE HUNDRED THOUSAND PESOS

(P100,000. 00) as exemplary damages.
IV. The cost of the suit.
Other just and equitable reliefs are also prayed for.
RESPECTFULLY SUBMITTED.
March 27, 2014, Dumaguete City, Philippines.

ROWTIR JOHN L. BANQUERIGO

Counsel for Plaintiff
nd
Rm. 1, 2 Flr., Banquerigo Bldg., Lukban St.,
Dumaguete City, Negros Oriental
Roll of Attorneys No. 12345
PTR NO. 1234567 / 01-02-15 / Dgte. City
IBP Lifetime Member No. 1234
MCLE Compliance No. IV 0001234 / 01-07-15
Tel No.: (035) 225-1234/ Cell. No.: 0917-700-1544
Email Add: rjbanqz@gmail.com
Republic of the Philippines)
City of Dumaguete. . . . . . .)S.S.
---------------------------------x
VERIFICATION & CERTIFICATION
AGAINST FORUM SHOPPING
I, EDILBERTO BRAVO, of legal age, single, Filipino, and a resident
of Alpha Street, Barangay Daro, Dumaguete City, Negros Oriental do hereby
state that:
I am the plaintiff in the above-captioned case against JOSE
DAMOLMOG as defendant, and in such capacity, caused this Complaint to
be prepared; I have read its contents and affirm that they are true and correct
to the best of my own personal knowledge or based on authentic records; I
hereby certify that there is no other case commenced or pending before any
court or tribunal involving the same parties and the same issue and that,
should I learn of such a case, I shall notify the court within five (5) days
from my notice.
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IN WITNESS WHEREOF, I have signed this instrument on

_______________ at Dumaguete City, Negros Oriental.
EDILBERTO BRAVO
(Affiant)
SUBSCRIBED AND SWORN to before me, a Notary Public, on this
_____________, for the City of Dumaguete and the Province of Negros
Oriental, Philippines, Edilberto Bravo, who has satisfactorily proven to me
his identity through his PRC ID with Registration No. 1234567 registered on
9/27/2014 and valid until 1/22/2015 issued by the Professional Regulation
Commission and Community Tax Certificate No. 12345678 issued on
01/03/14 at Dumaguete City, Negros Oriental, bearing his photograph and
signature and that he is the same person who appeared and signed the
foregoing Verification & Certification against Forum Shopping in my
presence within my jurisdiction, and who avows under PENALTY OF LAW
to the whole truth of the contents of the same.
WITNESS MY HAND AND SEAL.

Doc. No. _________;

Page No. _________;
Book No. _________;
Series of 2015.

ROWTIR JOHN L. BANQUERIGO

Counsel for Plaintiff
Rm. 1, 2nd Flr., Banquerigo Bldg., Lukban St.,
Dumaguete City, Negros Oriental
Roll of Attorneys No. 12345
PTR NO. 1234567 / 01-02-15 / Dgte. City
IBP Lifetime Member No. 1234
MCLE Compliance No. IV 0001234 / 01-07-15
Tel No.: (035) 225-1234/ Cell. No.: 0917-700-1544
Email Add: rjbanqz@gmail.com