In a 12-page decision penned by Associate Justice Amelita Tolentino, the CA’s special fourth division modified a lower court ruling and deleted the P1-million damage being awarded to Gallaga.
In deleting the P1-million damage awarded to Gallaga by the lower court, the CA said Gallaga failed to prove that Monteverde had a P1-million contract with manufacturers.
The lower court originally ordered Monteverde to pay Gallaga the amount of P1,650,000 as actual, moral and exemplary damages.
Gallaga complained that Monteverde committed infringement because she did not consult him over the manufacture of copies of the "Batang X" movie.
In ruling in favor of Gallaga, the CA said although Monteverde had acquired the right to distribute, lease or use the movie "Batang X" and exhibit it in all forms of media, the movie director (Gallaga) has not relinquished his right as the original creator of the movie.
"There is evidence to prove that Gallaga never intended to transfer or assign his copyright to the concept or logo of Batang X," the CA said. – Jose Rodel Clapano