FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENAT2438 
S.B. No. _. __ 
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INTRODUCED BY SEN. MANNY VILLAR 
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EXPLANATORY NOTE 
The movie industry provides employment to people and a major source of 
revenue for the government. It likewise brings enjoyment, entertainment and information 
to millions of Filipinos. However, with the advent of modern technology, piracy has 
plagued the industry. Film piracy, in fact, has taken new forms such as flicker piracy and 
film napping. In flicker piracy, simple and sophisticated gadgets are used as tools in the 
illegal recording of films and other audiovisual works inside movie houses. Film 
napping, on the other hand refers to the stealing of legitimate film prints while they are 
transported in the provinces. 
These result to the immediate unauthorized copying and transmitting of films arid 
audiovisual shows. Thus, proliferation of piracy is causing enormous loss of revenues to 
film makers, investors, the government as well as employment opportunities for the 
people. 
Despite concerted efforts to eradicate flicker piracy and film napping by 
concerned government agencies such as the Motion Picture Anti-Piracy Council 
(MPAPC) and the Optical Media 80ard (OM8), the creation, distribution, sale of illegally 
recorded movies and stealing legitimate film prints still persist. 
To further secure the intellectual property rights of the owner by addressing the 
problem of flicker piracy a legislative measure must be enacted which unequivocally 
prohibits and penalizes such acts and film napping, 
The proposed measure imposes penalties and fines for first, second, and third or 
subsequent offenses. Likewise, accomplices shall suffer the same penalty and fine. 
Upon conviction, the court shall cause the forfeiture and destruction of the gadgets used 
in the commission of the offense. To guarantee strict implementation of this Act in all 
localities, local government units are enjoined to actively participate in the campaign 
against such copyright violations and monitor the enforcement of this Act. 
I n view of the foregoing, early passage of this bill is earnestly requested. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
.2438 
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INTRODUCED BY SEN. MANNY VILLAR 
AN ACT TO STRENGTHEN THE PROTECTION OF INTELLECTUAL PROPERTY 
RIGHTS DEFINING FOR THE PURPOSE FILM PIRACY AND FILM NAPPING, 
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Anti-Flicker Piracy 
Act". 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
to secure and protect the exclusive rights of individuals to their intellectual property and 
creations. Toward this end, there is a need to enact a legislative measure that shall 
define prohibited acts which are inimical to the protection of these rights such as flicker 
piracy and film napping. 
SECTION 3. Definition of Terms. - As used in this Act, the following terms 
shall mean: , 
a) Audiovisual Recording Device - a digital or analog photographic or video camera, 
or any other technology or device capable of enabling the recording or 
transmission of a copyrighted motion picture or other audiovisual work, or any 
part thereof, regardless of whether audiovisual recording is the sole or primary 
purpose of the device; 
b) Copyright Owner - one who has the exclusive rights comprised in copyright as 
provided under R.A. 8293 otherwise known as Intellectual Property Code and 
pertinent treaties and international agreements; and 
c) Motion Picture Exhibition Facility - a movie theater, screening room, or other 
venue that is being used primarily for the exhibition of a copyrighted motion 
picture, if such exhibition is open to the public or is made to an assembled group 
of viewers outside of a normal circle of a family and its social acquaintances, 
SECTION 4. Flicker Piracy. - The following acts shall constitute flicker piracy 
and are hereby declared unlawful: 
a) Using without the authorization of the copyright owner, an audiovisual recording 
device to make or transmit a copy of a motion picture or other audiovisual work, 
protected under the Intellectual Property Code, or any part thereof, from a 
performance of such work in a movie house or any motion picture exhibition 
facility; 
b) Attempting to use, without the authorization of the copyright owner, an 
audiovisual recording device to make or transmit a copy of a motion picture or 
other audiovisual work, protected under the Intellectual Property Code, or any 
part thereof, from a performance of such work in a movie house or any motion 
picture exhibition facility. 


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SECTION 5. Film Napping.- It shall be unlawful for any person to take, without 
the authorization of the copyright owner under R.A. 8293, any legitimate film print with 
the intent to make a copy or reproduce the same while they are transported to and from 
a motion picture exhibition facility. 
SECTION 6. Penalties. - Any person committing any of the unlawful acts 
provided under Section 4 and 5 hereof shall suffer the following penalties: 
a) ImpriS'onment of one (I) 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. 
d) In all cases, subsidiary imprisonment in cases of insolvency 
Any person who willfully or knowingly aid, permit, or cause to be done any of the 
above-mentioned acts as defined in this Act, shall likewise suffer the same 
penalties. 
In addition to any of the above-mentioned penalties, the court shall, upon 
conviction, order the forfeiture and destruction or other means of disposing of all 
unauthorized copies of motion pictures or other audiovisual works protected under the 
Intellectual Property Code or parts thereof, and any audiovisual recording devices or 
other equipment used in connection with the offense. 
Possession by a person of an audiovisual recording device in a motion picture 
exhibition facility may be considered as evidence in any proceeding to determine 
whether that person committed an offense penalized under this Act, but shall not, by 
itself, be sufficient to support a conviction of that person for such offense. 
SECTION 7. Involvement of Local Government Units (LGUs) in the 
Campaign Against Flicker Piracy. - All Local Government Units (LGUs) in the country 
shall actively participate in the campaign against flicker piracy and film napping, and 
monitor its strict implementation. 
SECTION 8. Implementing Rules and Regulations. The Department of Justice 
(DOJ), in coordination with the Department of Interior and Local Government (DILG), 
the Optical Media Board (OMB), the Movie Picture Anti-Piracy Council (MPAPC) and 
the National Cinema Association of the Philippines, shall form.ulate and issue such rules 
and regulations necessary for the effective implementation of the provisions of this Act. 
SECTION 9. Separability Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, the other parts or provisions hereof which are not affected 
thereby shall continue to be in full force and effect. 
SECTION 10. Repealing Clause. - All laws, orders, rules or regulations which 
are inconsistent with or contrary to the provisions of this Act are hereby amended or 
repealed accordingly. 
SECTION 11 . Effectivity-This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
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