Watch the GMA 7 news report: Mark Solis for alleged plagiarism

GMA News Channel 7 asked for a legal  opinion on the Mark Solis entry to the photography contest of the Chilean Embassy, which entry (photograph) was found to have been right-clicked from the site of a Brazilian photographer’s Flickr account for which  Mark Solis had apologized.

     Watch for the interview on GMA 7 news!

       The GMA 7 cameraman took a video of the text of the moral rights provision of the Intellectual Property Code .

     Watch for the discussion!

      The cameraman also took a video of Article 172 of the Revised Penal Code. Just in case the lighting wasn’t that great in the conference room (kasi the text was  in small font of the crime book), here’s the provision in bigger font :

Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:

     xxx

2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. (underscoring supplied)

xxxx                   xxxx

According to  Justice Aquno :   A private document has been defined by the Supreme Court as “every deed or instrument executed by a private person, without the intervention of a notary public or other person, legally authorized, by which document some disposition or agreement is proven, evidenced, or set forth. “

    On the other hand, “acts of falsification enumerated in the next preceding article” refer to the following:

1.Counterfeiting or imitating any handwriting, signature, etc.;

2.Making it appear that a person took part in any act when in fact they did not;

3.Attributing certain statements to a person who in fact did not make them;

4.MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS (caps and underscoring supplied: this is a pertinent provision to the action being contemplated by those who have been duped by the person in question).

5.Altering true dates;

6.MAKING ALTERATIONS IN A GENUINE DOCUMENT WHICH CHANGES ITS MEANING;

7. Issuing as an authenticated copy of an original when no such original exists;

8.Intercalating any instrument in relation to a protocol, registry, or official book.

 xxxxxxxxxxxx

       Watch for the news report!

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Published by: marichulambino

Pls visit my site at marichulambino.com, i post there daily; i'm not on Facebook/ Twitter or any social network site. Asst submitted this to VP for Acad last week upon request for faculty highlights/ bullet points for the University site: “TOWNS Awardee for Law (The Outstanding Women in the Nation’s Service) 2004-2007. "Marie Claire Magazine launch issue voted and listed as Top 25 Women Who Changed Our Lives (“Top 25 Women Who Rock”, Oct. 21, 2005). "Philippine Graphic Magazine voted and listed as the Top 25 Young Leaders for 2004, anniversary issue. "Award, 16th Anniversary, Ombudsman’s Office: 'selfless service, dedication, tireless efforts in assisting the Office of the Ombudsman for in the prosecution of the plunder case against former President Joseph Estrada'. "Citation for excellent public service, Special Prosecutor, Ombudsman’s Office for her work in the plunder case People vs. Estrada, Oct. 17, 2007 upon successful termination of the case. "Tribute, Philippine Collegian 2001 as 'private prosecutor, for integrity held above price, for service freely given, for truth steadfastly pursued, for embracing the ideals of the Philippine Collegian beyond the confines of the University.' "Award, St. Scholastica Student Council July 6, 2001 'for her undying patriotism, love and service to all her Filipino countrymen.' "Tribute, Konggreso ng Mamamayang Pilipino (KOMPIL) (Congress of Filipino Citizens) for helping in the fight against corruption in the highest offices of the land and for upholding justice, 2002. "1996 Award of Merit from U.P. Diliman: 'In recognition of her dedicated and exemplary services as U.P. Diliman Chief Legal Officer ...pioneering efforts, outstanding leadership, team-building skills, administrative competence...' "Visiting Forces Agreement case, delivered the oral arguments in the Supreme Court for main petitioner, Bayan, in Bayan et al vs. Executive Secretary. "Her case Posadas, Torres-Yu, & Lambino vs. Dizon (NBI), et al, on attempted invalid warrantless arrests on-campus, is now included in criminal law and criminal procedure textbooks, syllabus, and lectures in MCLE"

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