Pacita Habana vs Felicidad Robles

written by Howard

G.R. No. 131522 – 310 SCRA 522 (369 Phil. 764) – Mercantile Law – Intellectual Property – Law on Copyright – Infringement

Pacita Habana and two others were the authors of College English for Today Series 1 and 2 (CET). While they were researching for books to assist them in updating their own book, they chanced upon the book of Felicidad Robles entitled Developing English Proficiency Books 1 and 2 (DEP). They discovered further that the book of Robles was strikingly similar to the contents, scheme of presentation, illustrations and illustrative examples of CET. They then sued Robles and her publisher (Goodwill Trading Co.) for infringement and/or unfair competition with damages.

Robles, in her defense, alleged that her sources were from foreign books; that in their field, similarity in styles cannot be avoided since they come from the same background and orientation. The trial court as well as the Court of Appeals ruled in favor of Robles.

ISSUE: Whether or not the Court of Appeals is correct.

HELD: No. A perusal of the records yields several pages of the book DEP that are similar if not identical with the text of CET. In several other pages the treatment and manner of presentation of the topics of DEP are similar if not a rehash of that contained in CET. The similarities in examples and material contents are so obviously present in this case. How can similar/identical examples not be considered as a mark of copying? Robles’ act of lifting from the book of Habana et al substantial portions of discussions and examples, and her failure to acknowledge the same in her book is an infringement of Habana et al’s copyrights.

The Supreme Court also elucidated that in determining the question of infringement, the amount of matter copied from the copyrighted work is an important consideration. To constitute infringement, it is not necessary that the whole or even a large portion of the work shall have been copied. If so much is taken that the value of the original is sensibly diminished, or the labors of the original author are substantially and to an injurious extent appropriated by another, that is sufficient in point of law to constitute piracy.

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