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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Region Quezon City

MCCANN WORLD GROUP PHILIPPINES,


Plaintiff,

REPRESENTATIVES MARIAH CIVIL CASE NO.:


COLLADA, KISRTEN LIM, _____________
CHARLOTTE TSAI For: Damages, with Attorneys
Fees

- versus -

DEPARTMENT OF TOURISM, Defendants.

X-------------------------/

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this
most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Defendant sided first with the Plaintiff, stating We stand by


McCann, we stand by the creative execution. We know for a fact that
the Philippines is a choice destination and it is also a choice place to
stay for retirees. Its all part of the choice series of ads to show the spirit
of the Filipino then suddenly released a statement blaming the Plaintiff
solely of the situation.
2. The Defendant is responsible for reviewing the project before its
release. There must be conjugal consent of the Agency and the
Department. There is a binding contract in which the defendant should
not have agreed if they did not double check the ad. The campaign
material entails a long process with each of its subset requiring approval
from the client. Thus, it is a shared responsibility since a TV production
is a work in progress.

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3. The Defendant neglected its role of supervising the creation of the
Tourism Advertisement. Under Republic Act 9593, Section 5.
a. It states that the function of the Department of Tourism is to
supervise and coordinate the implementation of tourism policies,
plans and project.
b. They are to represent the government in all domestic and
international conferences and fora, and in all multilateral or
bilateral treaties and international agreements concerning
tourism and ensure the governments implementation thereof and
compliance with all obligations arising there from.
c. Undertake continuing research studies and survey to analyze
economic conditions and trends relating to tourism and travel,
and compile and integrate a statistical databank on the tourism
industry;
4. The Defendant also failed to fulfill its role under the law in Republic
Act 935, Chapter III-A.
a. This law states that Direct and coordinate the resources and
efforts of the government and the private sector in the tourism
and allied fields for the full realization of the tourism plans and
programs;
5. The defendants Office of Tourism Development Planning, Research
and Information Management failed to fulfill its role under The
Republic Act 9593, Chapter II-A, Section 12
a. Monitor and evaluate the implementation of policies, plans and
programs of the Department.
6. The Plaintiff clarifies that the commercial is not plagiarized. The ad is
based on research and the agency did not have the intention to copy
other peoples work.
a. The Plaintiff explains that the advertisement released is based
from a true story. It is inspired from a visually-impaired foreigner
who has made the Philippines his home and who has come to
experience the Philippines in different ways. The purpose of the
advertisement was to highlight the testimonial of a real retiree.
b. There are supporting articles that prove that the Philippines is a
Retiree haven.
i. The Filipino culture greatly respects elders.
ii. The Filipinos are very hospitable when it comes to guests.
iii. Nearly everybody in the Philippines can speak in English
which it makes it easier for foreigners to retire here.

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7. Additionally, the Plaintiff states that there was no legal proceeding that
proved there was plagiarism.
8. The Plaintiff would like to reiterate that if proven that there was a case
of plagiarism or a case of derivative work, South Africa should be the
one filing for plagiarism since they are the legal owners of the work
that was allegedly plagiarized.
a. To further prove this, Section 178 Rules on Copyright Ownership
states that in the case of work created by an author during and in
the course of his employment, the copyright shall belong to:
i. The employee, if the creation of the object of copyright is
not a part of his regular duties even if the employee uses
the time, facilities and materials of the employer.
ii. The employer, if the work is the result of the performance
of his regularly-assigned duties, unless there is an
agreement, express or implied, to the contrary.
9. The Plaintiff would also like to highlight the lack of evidence to prove
that there was fraud or material misrepresentation or intention to do so
on their part.
10. The Defendant is guilty of previous cases of plagiarism. Since it is not
the first time, they should have strengthened their research programs
and became more cautious to prevent such occurrence.
a. In the early days of the Aquino Administration, the Department
of Tourism had been accused of copying the logo for its ad
campaign of Pilipinas kay Ganda from Polands Polska and
Its More Fun in the Philippines from Its More Fun in
Switzerland.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this


Honorable Court that judgement be rendered in favor of the plaintiff and that
after judgement;
a. The defendant shall continue the P650-M contract by the Plaintiff.
b. McCann Worldgroup Philippines is the biggest advertising agency
in the Philippines. Due to this fiasco, the agency lost their credibility
thus the Plaintiff seeks payment for the moral damages.

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c. In view of the violations to the rights of herein plaintiffs and the
injuries they incurred, plaintiffs were compelled to seek the
assistance of counsel to institute the present suit of damages and a
criminal complaint with the Office of the Ombudsman, thereby
incurring at their expense, attorneys fees and the costs of the
present litigation in the amount of TWO HUNDRED FIFTY
THOUSAND PESOS (P200,000) and ONE HUNDRER
THOUSAND PESOS (P100,000), respectively.

Such other reliefs and remedies under the premises are likewise prayed
for.

Metro Manila, Philippines, this 16th day of August 2017.

Atty. Sucgang
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. A111 11/F De La Salle University
2401 Taft Avenue, 1004 Manila

VERIFICATION AND CERTIFICATION

I, Mariah Collada, of Legal age, Single, Filipino Citizen and a resident of


Marikina City, Metro Manila, after being sworn according to law, hereby
depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;

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4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is


pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Atty. Sucgang
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. A111 11/F De La Salle University
2401 Taft Avenue, 1004 Manila

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VERIFICATION AND CERTIFICATION

I, Kirsten Lim, of Legal age, Single, Filipino Citizen and a resident of Cebu
City, after being sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is


pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Atty. Sucgang
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. A111 11/F De La Salle University
2401 Taft Avenue, 1004 Manila

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VERIFICATION AND CERTIFICATION

I, Charlotte Tsai, of Legal age, Single, Filipino Citizen and a resident of


Sampaloc, Manila City, after being sworn according to law, hereby depose
and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is


pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Atty. Sucgang
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. A111 11/F De La Salle University
2401 Taft Avenue, 1004 Manila