evidence laws (08.17.13).docx

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  • 7/29/2019 Evidence Laws (08.17.13).docx

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    REPUBLIC ACT NO. 53

    AN ACT TO EXEMPT THE PUBLISHER, EDITOR OR REPORTER OF ANY PUBLICATION FROM REVEALING THE SOURCEOF 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 cannotbe compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence tosuch publisher, editor or reporter, unless the court or a House or committee of Congress finds that such revelation is demanded bythe 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 All provisions of law or rules of court inconsistent with this Act are hereby repealed or modified accordingly.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.

    Approved: October 5, 1946

    REPUBLIC ACT NO. 1477

    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 REVEALINGTHE SOURCE OF PUBLISHED NEWS OR INFORMATION OBTAINED IN CONFIDENCE"

    Section 1. Section one of Republic Act Numbered Fifty- three 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 accreditedreporter 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 thecourt or a House or committee of Congress finds that such revelation is demanded by the security of the State."

    Sec. 2. This Act shall take effect upon its approval.

    Approved: June 15, 1956

    Art. 229, RPC.Revelat ion o f secrets by an off icer. Any public officer who shall reveal any secret known to him by reason of his officialcapacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published,shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine notexceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to thepublic interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a finenot exceeding 50 pesos shall be imposed.

    Art. 230, RPC.Publ ic off icer reveal ing secrets of pr ivate indiv idual. Any public officer to whom the secrets of any private individual shallbecome known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine notexceeding 1,000 pesos

    TRIPS AGREEMENT: ARTICLE 39SECTION 7: PROTECTION OF UNDISCLOSED INFORMATION1. 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 orgovernmental agencies in accordance with paragraph 3.

    2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosedto, acquired by, or used by others without their consent in a manner contrary to honest commercial practices ( 10) so long assuch information:

    (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 ofinformation 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 aconsiderable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data againstdisclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protectedagainst unfair commercial use.

    REE, RULE 3, SEC. 3.Privileged communication. The confidential character of a privileged communications is not solely on the ground that it is in theform of an electronic document.