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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 generalcirculation 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 theinterest 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with this Act are hereby repealed or modified accordingly.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

An Act Amending Section One Of Republic Act NumberedFifty-Three, Entitled "An Act To Exempt The Publisher,

Editor, Columnist Or Reporter Of Any Publication FromRevealing The 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 thecivil and criminal laws, the publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or

periodical of general circulation cannot be compelled toreveal the source of any news-report or information

appearing in said publication which was related inconfidence to such publisher, editor or reporter unless the

court or a House or committee of Congress finds that suchrevelation 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 publicofficer 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should not be published, shall suffer the penalties of prisioncorreccional in its medium and maximum periods, perpetual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 anda 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

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 lawlibrary

REPUBLIC ACT No. 3720

Food, Drug, and Cosmetic Act.

PROHIBITED ACTS

Section 11. The following acts and the causing thereof arehereby prohibited: (a) The manufacture, sale, offering for

sale or transfer of any food, drug, device or cosmetic that isadulterated or misbranded.

(b) The adulteration or misbranding of any food, drug,

device, or cosmetic.

(c) The refusal to permit entry or inspection as authorized bySection 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 Philippinesfrom whom he received in good faith the food, drug, device,

or cosmetic or the giving of a guaranty or undertakingreferred 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 suggestionthat an application with respect to such drug is effective

under Section twenty-one hereof, or that such drug complieswith the provisions of such section.

(i) The use, in labeling, advertising or other sales promotion

of any reference to any report or analysis furnished incompliance with Section twenty-six hereof.

PENALTIES



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 lessthan 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 receivedsuch article and copies of all documents, if any there be,

pertaining to the delivery of the article to him; (2) for havingviolated Section eleven (a) if he established a guaranty or

undertaking signed by, and containing the name and addressof, the person residing in the Philippines from whom he

received in good faith the article, or (3) for having violatedSection 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 aguaranty or undertaking signed by, and containing the name

and address, of the manufacturer of the coal-tar color, to theeffect 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 thedomestic 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 DrugAdministration that the misbranded article is dangerous to

health, or that the labeling of the misbranded articles isfraudulent, or would be in a material respect misleading to

the injury or damage of the purchaser or consumer.

TRIPS: AGREEMENT ON TRADE-RELATED

ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

SECTION 7: PROTECTION OF UNDISCLOSEDINFORMATION

Article 39

1. In the course of ensuring effective protection against

unfair competition as provided in Article 10bis of the ParisConvention (1967), Members shall protect undisclosed

information in accordance with paragraph 2 and datasubmitted 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 withouttheir consent in a manner contrary to honest commercial

practices (10) so long as such 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 personswithin 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 theinformation, to keep it secret.

3. Members, when requiring, as a condition of approving themarketing of pharmaceutical or of agricultural chemical

products which utilize new chemical entities, the submissionof undisclosed test or other data, the origination of which

involves a considerable effort, shall protect such data againstunfair 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.



Reserva Troncal

Art. 891. The ascendant who inherits from his descendant

any property which the latter may have acquired bygratuitous 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 fromwhich 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) whosedeath gives rise to the reserve, and from whom therefore the

third degree is countedWhile propositus is still alive, there is no reserva yet,

therefore he is the absolute owner of the property, with fullfreedom to alienate or encumber. Thus, he may even destroy

the property or exchange or sell the property he receivedgratuitously, and because of such sale he receives cash, there

is no reserva even if said cash is later on inherited by theascendant 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 propertywhile he is alive, he may even defeat the existence of any

possible reserva by simply not giving the property involvedto 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 theobligation to reserve

If he inherited the property from the descendant not by legalsuccession nor by virtue of the legitime, there is no

obligation to reserve. This happens for example when heinherits 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 reservor’s death, there

should still exist relatives within the third degree of the propositus, and belonging to the line from which the

property came, the reservor’s ownership over the property is

terminated. Hence, the property is not part any more of hisestate (and therefore not subject to the payment of his own

debts). Instead, ownership is transferred to the relativeshereinabove referred to.

In Cabardo vs Villanueva 44 Phil. 186, the Supreme Court

among other things said: Supposing the property in questionto be of reservable character, an interest on the part of the

reservoir Lorenzo Abordo and his heirs therein terminatedwith 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 requisitesfor 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 hadthe propositus so desired it, there would not have been any

reserva. Indeed, the propositus as arbiter of the reserva couldhave prevented the reserva’s ever coming into existence by,

for example, disposing of the properties, or substituting thesame, while he was still alive, considering that he was the

full owner of said properties. Thus, it has been correctlyruled that the reservee is not the resrvor’s successor mortis

causa; nor is the reservable property part of the reservor’s

estate; the reservee receives the property as a conditionalheir of the propositus, said property merely reverting to the

line of origin from which it has temporarily and accidentally

strayed during the reservor’s life time. It is also well settled

that the reservable property cannot be transmitted by thereservor to his own successor’s mortis causa so long as areservee exist.

Extinguishment of the Reserva - When does the obligationto 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 hadno 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 Troncal6 Votes

Art. 891. The ascendant who inherits from his descendant

any property which the latter may have acquired bygratuitous 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 diedwith no descendant and no will, so father [reservor or

reservista] inherited the land intestate. Or, child gave land tofather as the latter’s 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 thechild, who are the reservees or reservatorios.

The reservees/reservatorios within the 3rd degree from thechild are any of the following:

Maternal half-brothers and half-sisters [MHB/MHS] –

second degreeMaternal half-nephews and half-nieces [MHN] -third degree

Maternal grandparents [MGP] – second degreeMaternal 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 theyare also intestate heirs of propositus, while MU and

MA are not.

3. Children of first cousins are not reservees, becausethey 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 toher child. Later the child dies intestate with no issue

[no wife nor children]. The father inherits the car byinstestate succession. The car is reservable.

6. The propositus is the owner of the above car whilealive, 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 thereservista’s 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 itsvalue 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 thetitle, security is not necessary.

13. If the property is personal, the reservistamay 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 mustannotate the reserva troncal within 90 days from the

time he accepts the inheritance [when there is no casefiled 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 bythe 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 isexpropriated, 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 [VelayoBernardo vs. Siojo, 58 Phil 89].

23. Reserva troncal exists only in thelegitimate family; no reservista exists in favor of

illegitimate relatives.

24. Reserva Maxima and Reserva Minimaexplained: 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. Howmuch is the reservable property? The legitime of thefather in his son’s estate is P300k [1/2 of 600k].

Under the principle of reserva maxima, since the200k 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, onthe 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 inconsonance with the original objective of reserva

troncal, because it subjects to the reservation thelargest 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 thereservoir

3. Accidental loss of the reservable property4. Prescription – runs from the death of the reservor

[30 years for real property; 8 years fro personal property]

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