Académique Documents
Professionnel Documents
Culture Documents
Plagiarism:
A. Republic Act No. 8293, Chapter 10
B. Section 217 of RA 8293, “Any person infringing any right secured by
provisions of Part IV (“The Law on Copyright”) 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.”
Chapter 2, Section 172.1, of the law puts it as clearly: “Literary and artistic works,
hereinafter referred to as ‘works,’ are original intellectual creations in the literary and
artistic domain protected from the moment of their creation and shall include in
particular: (a) Books, pamphlets, articles and other writings.” The word “writings” is
not limited to printed material. Writings on the Web are writings.
Section 172.2 says that “works are protected by the sole fact of their creation,
irrespective of their mode or form of expression, as well as of their content, quality
and purpose.” The mode or form of expression is immaterial.
D. Res Judicata
ALEJO ABES, ET AL., plaintiffs and appellants, vs. TOMAS RODIL and CATALINA
CRUZ, defendants and appellees.
E. Lis Mota
F. Obiter Dictum
V. Sources of Authorities
A. Sources of Law:
1. Legislative
2. Judicial
3. Executive
B. Structure of Government
1. Executive
2. Legislative
3. Judicial
C. Classification of Law
1. Statute Law
a. Classification of Status Law
(1) External legislation: Rules of general application affecting order and
procedure in a community
(2) Internal legislation: Rules of restricted application affecting order and
procedure among members of a legislative, judicial and administrative
office
b. Classes of Statute Law:
(1) Constitution
(2) Treaties and other International Agreements
(3) Statutes Proper
(4) Presidential Issuances
(5) Administrative Rules and Regulations
(6) Charters of Local government units
(7) Legislation of LGUs
(8) Tribunal rules and Legislative Rules.
2. Case Law
a. Statute Law Materials
b. Constitution
(1) 1935
(2) 1973
(3) 1987
d. Statutes Proper
e. Presidential Issuances
(1) PD
(2) General Orders
(3) Letters of Instructions
(4) Executive Orders
(5) Proclamations,
(6) Memorandum Orders
(7) Memorandum Circulars
(8) Letters of Implementation
(9) Letters of Authority
h. Legislation of LGU
o Basic LGUs are provinces, cities, municipalities and barangays.
o Each has lawmaking power to pass “ordinances”.
o Local legislative powers are exercised by the sangguniang panlalawigan
for the province; sangguniang panlunsod for the city; sangguniang
brangay for the barangay. Each keeps a journal of its proceedings.
o Municipal ordinances and resolutions are promulgated by positing them
on the day or after its passages at the main entrance of the municipal or
barangay hall at least 2 conspicuous places in the LGU concerned not later
than 5 days after its approval.
i. Tribunal/Court Rules
j. Legislative Rules
2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.