REPUBLIC ACT NO.

53 An Act To Exempt The Publisher, Editor Or Reporter Of Any Publication From Revealing The Source Of Published News Or Information Obtained In Confidence Section 1. The publisher, editor or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence to such publisher, editor or reporter, unless the court or a House or committee of Congress finds that such revelation is demanded by the interest of the State. Sec. 2. All provisions of law or rules of court inconsistent with this Act are hereby repealed or modified accordingly. Sec. 3. This Act shall take effect upon its approval.

office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos.chanrobles virtual law library chan robles virtual law library

REPUBLIC ACT No. 3720 Food, Drug, and Cosmetic Act. PROHIBITED ACTS Section 11. The following acts and the causing thereof are hereby prohibited: (a) The manufacture, sale, offering for sale or transfer of any food, drug, device or cosmetic that is adulterated or misbranded. (b) The adulteration or misbranding of any food, drug, device, or cosmetic. (c) The refusal to permit entry or inspection as authorized by Section twenty-seven hereof or to allow samples to be collected. (d) The giving of a guaranty or undertaking referred to in Section twelve (b) hereof which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Section twelve (b) which guaranty or undertaking is false. (e) Forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark, stamp, tag label, or other identification device authorized or required by regulations promulgated under the provisions of this Act. (f) The using by any person to his own advantage, or revealing, other than to the Secretary or officers or employees of the Department or to the courts when relevant in any judicial proceeding under this Act, any information acquired under authority of Section nine, or concerning any method or process which as a trade secret is entitled to protection. (g) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such article is held for sale (whether or not the first sale) and results in such article being adulterated or misbranded. (h) The use, on the labeling of any drug or in any advertising relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under Section twenty-one hereof, or that such drug complies with the provisions of such section. (i) The use, in labeling, advertising or other sales promotion of any reference to any report or analysis furnished in compliance with Section twenty-six hereof. PENALTIES

Approved: October 5, 1946 REPUBLIC ACT NO. 1477 An Act Amending Section One Of Republic Act Numbered Fifty-Three, Entitled "An Act To Exempt The Publisher, Editor, Columnist Or Reporter Of Any Publication From Revealing The Source Of Published News Or Information Obtained In Confidence" Section 1. Section one of Republic Act Numbered Fiftythree is amended to read as follows: "Section 1. Without prejudice to his liability under the civil and criminal laws, the publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence to such publisher, editor or reporter unless the court or a House or committee of Congress finds that such revelation is demanded by the security of the State." Section 2. This Act shall take effect upon its approval.

Approved: June 15, 1956 RPC Art. 229. Revelation of secrets by an officer. Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed. Art. 230. Public officer revealing secrets of private individual. Any public officer to whom the secrets of any private individual shall become known by reason of his

Section 12. (a) Any person who violates any of the provisions of Section eleven hereof shall, upon conviction, be subject to imprisonment of not less than six months and one day, but not more than five years, or a fine of not less than one thousand pesos, or both such imprisonment and fine, in the discretion of the Court. (b) No person shall be subject to the penalties of subsection (a) of this section (1) for having sold, offered for sale or transferred any article and delivered it, if such delivery was made in good faith, unless he refuses to furnish on request of the Board of Food and Drug Inspection or an officer or employee duly designated by the Secretary, the name and address of the person from whom he purchased or received such article and copies of all documents, if any there be, pertaining to the delivery of the article to him; (2) for having violated Section eleven (a) if he established a guaranty or undertaking signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the article, or (3) for having violated Section eleven (a), where the violation exists because the article is adulterated by reason of containing a coal-tar color not permissible under regulations promulgated by the Secretary under this Act, if such person establishes a guaranty or undertaking signed by, and containing the name and address, of the manufacturer of the coal-tar color, to the effect that such color is permissible, under applicable regulations promulgated by the Secretary under this Act. (c) Any article of food, drug, device, or cosmetic that is adulterated or misbranded when introduced into the domestic commerce may be seized and held in custody pending proceedings pursuant to Section twenty-six (d) hereof, without a hearing or court order, when the Secretary has probable cause to believe from facts found by him or any officer or employee of the Food and Drug Administration that the misbranded article is dangerous to health, or that the labeling of the misbranded articles is fraudulent, or would be in a material respect misleading to the injury or damage of the purchaser or consumer.

(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. 3. Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.

TRIPS: AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS SECTION 7: PROTECTION OF UNDISCLOSED INFORMATION Article 39 1. In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3. 2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices (10) so long as such information:

debts). Instead, ownership is transferred to the relatives hereinabove referred to. Reserva Troncal Art. 891. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. About the Origin, Propositus, Reservor or Reservista and the Reservees or Reservatarios About the Origin The origin of the property must be an ascendant or brother or sister The origin must be a Legitimate relative because reserve troncal exist only in the legitimate family. The transmission from the origin to the propositus must be by gratuitous title About the Propositus The propositus is the descendant (brother or sister) whose death gives rise to the reserve, and from whom therefore the third degree is counted While propositus is still alive, there is no reserva yet, therefore he is the absolute owner of the property, with full freedom to alienate or encumber. Thus, he may even destroy the property or exchange or sell the property he received gratuitously, and because of such sale he receives cash, there is no reserva even if said cash is later on inherited by the ascendant by operation of law. This is so because the cash is not the same property that he had acquired gratuitously. The propositus must be a legitimate descendant (or legitimate half-brother or half-sister) of the origin of the property. Inasmuch as the propositus is the full owner of the property while he is alive, he may even defeat the existence of any possible reserva by simply not giving the property involved to his ascendant, by way of inheritance, thru operation of law. This may do by an effective partition or otherwise. About the Reservor or Reservista The reservoir is the ascendant who inherits from the propositus by operation of law. It is he who has the obligation to reserve If he inherited the property from the descendant not by legal succession nor by virtue of the legitime, there is no obligation to reserve. This happens for example when he inherits the free portion by virtue of a will. Kind of ownership possessed by the reservor The resrvor is a full owner, subject to a resolutory condition. The resolutory condition is this: If at reservors death, there should still exist relatives within the third degree of the propositus, and belonging to the line from which the property came, the reservors ownership over the property is terminated. Hence, the property is not part any more of his estate (and therefore not subject to the payment of his own In Cabardo vs Villanueva 44 Phil. 186, the Supreme Court among other things said: Supposing the property in question to be of reservable character, an interest on the part of the reservoir Lorenzo Abordo and his heirs therein terminated with his death. Said property therefore does not pertain to his estate at all..in other words the property..is not, properly speaking, a part of the estate in administration at all. About the Reservees or Reservatarios The reserves are the relatives within the third degree (from the propositus) who will become the full owner of the property the moment the reservoir dies, because by such death, the reserve is extinguished. Indeed the only requisites for the passing of title from the reservista (reservoir) to the reservatario (reserve) are: (1) death of the reservista; and (2) the fact that the reservista had survived the reservatario. (Cano vs Director of Lands, etal.., L-10701, Jan 16, 1959). Th resrvees inherit the property from the propositus, not from the reservor. We say from the propositus because had the propositus so desired it, there would not have been any reserva. Indeed, the propositus as arbiter of the reserva could have prevented the reservas ever coming into existence by, for example, disposing of the properties, or substituting the same, while he was still alive, considering that he was the full owner of said properties. Thus, it has been correctly ruled that the reservee is not the resrvors successor mortis causa; nor is the reservable property part of the reservors estate; the reservee receives the property as a conditional heir of the propositus, said property merely reverting to the line of origin from which it has temporarily and accidentally strayed during the reservors life time. It is also well settled that the reservable property cannot be transmitted by the reservor to his own successors mortis causa so long as a reservee exist. Extinguishment of the Reserva - When does the obligation to reserve cease? Death of the reservor Death of All the would be reservees Ahead of the reservor (reservista) Loss of the reservable properties, provided the reservoir had no fault or negligence. (Thus, Loss must be Accidental.) Prescription (as when the reservoir or stranger holds property adversely). ( Reservor 30 years for real: 8 years for personal property, because of his bad faith) See Justice Paras Book on Succession

Reserva Troncal 6 Votes Art. 891. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. [Civil Code of the Philippines]

Illustration: Mother [origin] gave land to her child [propositus]by donation or in her will [by gratuitious title]. The child died with no descendant and no will, so father [reservor or reservista] inherited the land intestate. Or, child gave land to father as the latters legitime in a will. Father owns the land only until he dies. The land is reserved by law in favor of the relatives of the mother within the third degree from the child, who are the reservees or reservatorios. The reservees/reservatorios within the 3rd degree from the child are any of the following: Maternal half-brothers and half-sisters [MHB/MHS] second degree Maternal half-nephews and half-nieces [MHN] -third degree Maternal grandparents [MGP] second degree Maternal great grandparents [MGG] third degree Maternal aunts and uncles [MU/MA] third degree Remember: 1. Among the reservees, those in the direct line are preferred as against the collateral line. Thus, a grandparent [GP} is preferred to a HB or HS. Also, the nearer excludes the farther. 2. MHNs are preferred to MU and MA because they are also intestate heirs of propositus, while MU and MA are not. 3. Children of first cousins are not reservees, because they are already sixth degree from the propositus. 4. between the brother of the father and brother of the mother, the property goes to the latter by reserva troncal. 5. Suppose the mother dies intestate, leaving a car to her child. Later the child dies intestate with no issue [no wife nor children]. The father inherits the car by instestate succession. The car is reservable. 6. The propositus is the owner of the above car while alive, so he can defeat the reserva by selling the car. 7. There is no reserva troncal if the child gives the property to his father in a will ouf of the free portion, because that is only by operation of law. 8. The reservista is a full owner of the property subject to a resolutory condition [i.e. upon his death, the property goes to the reservees]. 9. The property cannot be used to pay the debts of the reservistas estate because it is not part of his estate after his death. 10. The reservista must inventory the property and must furnish a bond, mortgage or any other security to secure the delivery of the property or its value to the reservees. 11. The reservista is liable for all deterioration imputable to his fault or negligence. 12. Land may be registered as a subject to reserva troncal; and if there is such annotation in the title, security is not necessary. 13. If the property is personal, the reservista may sell, donate, or pledge the property, but his estate must reimburse the reservees the value of the property. 14. If the propertyis land, the reservista must annotate the reserva troncal within 90 days from the

time he accepts the inheritance [when there is no case filed in court] or within 90 days from the time it is awarded to him by the court. The reservees can judicially demand the annotation. 15. The reservees inherit the property from the propositus, not from the reservista. They are conditional heirs of the propositus. 16. There is representation in reserva troncal, but the representative must also be within the third degree from the propositus [like nephews or nieces]. 17. Proceeds of insurance given to the beneficiary are not subject to reserva troncal because this is not a donation. 18. If the mother gives a lotto ticket to her son and the ticket wins and later, the prize is inherited by the father, there is no reserva troncal because the prize came from PCSO, not from the mother. 19. Prescription extinguishes the reserva troncal [30 years for real property, 8 years personal peoperty]. 20. If the property subject to reserva troncal is expropriated, the reserva continues on the indemnity. 21. If the property is insured and later destroyed, the reserva continues on the insurance proceeds. 22. The purpose of reserva troncal is to keep the property in the family to which it belongs [Velayo Bernardo vs. Siojo, 58 Phil 89]. 23. Reserva troncal exists only in the legitimate family; no reservista exists in favor of illegitimate relatives. 24. Reserva Maxima and Reserva Minima explained: A son received from his mother P200k under her will. He also had properties of his own worth 400k. When the son died without issue, he left all his estate [P600k] to his father in his will. How much is the reservable property? The legitime of the father in his sons estate is P300k [1/2 of 600k]. Under the principle of reserva maxima, since the 200k legitime of 300k received by the son from his mother can be included or contained in his legitime of 300, said 200k is reservable. But under the principle of reserva minima, only 1/2 of 200k is reservable, on the theory that only 1/2 of the 200k received by the sonfrom his mother went to the father by operation of law. 25. The reserva maxima is more in consonance with the original objective of reserva troncal, because it subjects to the reservation the largest amount possible. But the reserva minima is more just and more equitable, more in line with the philosophy of law of socialization of property, and favored by Manresa and Scaevola. How is the reserva extinguished? 1. Death of the reservor or reservista 2. Death of all the would-be reservees ahead of the reservoir 3. Accidental loss of the reservable property 4. Prescription runs from the death of the reservor [30 years for real property; 8 years fro personal property]