G.R. No. 108946 January 28, 1999 FRANCISCO G. JOAQUIN, JR., and BJ PRODUCTIONS, INC., petitioners, vs.

. HONORABLE FRANKLIN DRILON, GABRIEL ZOSA, WILLIAM ESPOSO, FELIPE MEDINA, JR., and CASEY FRANCISCO, respondents. Facts: Petitioner BJ Productions, Inc. (BJPI) is the holder/grantee of Certificate of Copyright of Rhoda and Me, a dating game show aired from 1970 to 1977. While watching television, petitioner saw on RPN Channel 9 an episode of It's a Date, which led him to write a letter to respondent, informing that it had a copyright to Rhoda and Me and demanded that they discontinue airing It's a Date. Respondent, however, continued airing It's a Date, and at around that time, was able to register their own copyright to dating program. Petitioners complained, and during the preliminary investigation, petitioners and private respondents presented written descriptions of the formats of their respective shows. Although the Assistant City Prosecutor found probable cause, then DOJ Sec. Drilon reversed the prosecutors decision, ruling that the nonpresentation of master tape is fatal to the existence of probable cause to prove infringement. Issue: W/N the non presentation of a master tape is fatal to establishment of probable cause in cases involving television shows. Held: Yes. Mere description by words of the general format of the two dating game shows is insufficient; the presentation of the master videotape in evidence was indispensable to the determination of the existence of probable cause. A television show includes more than mere words can describe because it involves a whole spectrum of visuals and effects, video and audio, such that no similarity or dissimilarity may be found by merely describing the general copyright/format of both dating game shows.