Far Eastern University 2nd Semester 2020-2021

Institute of Architecture and Fine Arts

WEEK 13 MODULE:
R.A. 8293 (Intellectual Property Code of the Philippines) & R.A. 386 (Civil Code of the Philippines)

This module covers two laws – Republic Act No. 8293 and R.A. 386, otherwise known as the Intellectual Property
Code of the Philippines and the Civil Code of the Philippines, respectively.

At the end of this module, the student shall be able to familiarize himself/herself with the pertinent provisions of
these laws and understand how these affect the practice of architecture.
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REPUBLIC ACT NO. 8293

Overview

Long title: AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS,
AND FOR OTHER PURPOSES

Short title: Intellectual Property Code of the Philippines

Contents: Five (5) parts, two hundred forty one (241) sections
Approval Date: 06 June 1997

PART I
THE INTELLECTUAL PROPERTY OFFICE

SECTION 4. Definitions
4.1. The term "intellectual property rights" consists of:
a. Copyright and Related Rights;
b. Trademarks and Service Marks;
c. Geographic Indications;
d. Industrial Designs;
e. Patents;
f. Layout-Designs (Topographies) of Integrated Circuits; and
g. Protection of Undisclosed Information

PART II
LAW ON PATENTS

Chapter II: Patentability

SECTION 21. Patentable Inventions. — Any technical solution of a problem in any field of human activity which is
new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a
product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)

SECTION 22. Non-Patentable Inventions. — The following shall be excluded from patent protection:
22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
practiced on the human or animal body. This provision shall not apply to products and composition for
use in any of these methods;

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22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or
animals. This provision shall not apply to micro-organisms and non-biological and microbiological
processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing
sui generis protection of plant varieties and animal breeds and a system of community intellectual rights
protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)

PART III
THE LAW ON TRADEMARKS, SERVICE MARKS, AND TRADE NAMES

SECTION 121. Definitions. — As used in Part III, the following terms have the following meanings:
121.1. "Mark" means any visible sign capable of distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a stamped or marked container of goods; (Sec. 38,
R.A. No. 166a)
121.2. "Collective mark" means any visible sign designated as such in the application for registration
and capable of distinguishing the origin or any other common characteristic, including the quality of
goods or services of different enterprises which use the sign under the control of the registered owner of
the collective mark; (Sec. 40, R.A. No. 166a)
121.3. "Trade name" means the name or designation identifying or distinguishing an enterprise; (Sec.
38, R.A. No. 166a)

PART IV
THE LAW ON COPYRIGHT

Chapter II: Original Works

SECTION 172. Literary and Artistic Works. —
172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in
the literary and artistic domain protected from the moment of their creation and shall include in
particular:
a. Books, pamphlets, articles and other writings;
b. Periodicals and newspapers;
c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced
in writing or other material form;
d. Letters;
e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb
shows;
f. Musical compositions, with or without words;
g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of
art; models or designs for works of art;
h. Original ornamental designs or models for articles of manufacture, whether or not registrable
as an industrial design, and other works of applied art;
i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science;
j. Drawings or plastic works of a scientific or technical character;
k. Photographic works including works produced by a process analogous to photography; lantern
slides;
l. Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings;
m. Pictorial illustrations and advertisements;
n. Computer programs; and
o. Other literary, scholarly, scientific and artistic works.

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172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of
expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a) cda

Chapter III: Derivative Works

SECTION 173. Derivative Works. –
173.1. The following derivative works shall also be protected by copyright:
a. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of
literary or artistic works; and
b. Collections of literary, scholarly or artistic works, and compilations of data and other materials
which are original by reason of the selection or coordination or arrangement of their contents. (Sec.
2, [P] and [Q], P.D. No. 49)
173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new
works: Provided however, That such new work shall not affect the force of any subsisting copyright
upon the original works employed or any part thereof, or be construed to imply any right to such use of
the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10,
TRIPS)

SECTION 174. Published Edition of Work. — In addition to the right to publish granted by the author, his heirs, or
assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical
arrangement of the published edition of the work. (n)

Chapter IV: Works Not Protected

SECTION 175. Unprotected Subject Matter. — Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle,
discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of
the day and other miscellaneous facts having the character of mere items of press information; or any official text
of a legislative, administrative or legal nature, as well as any official translation thereof.

Chapter VI: Ownership Copyright

SECTION 178. Rules on Copyright Ownership. — Copyright ownership shall be governed by the following rules:
178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright
shall belong to the author of the work;
178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the
copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership.
If, however, a work of joint authorship consists of parts that can be used separately and the author of
each part can be identified, the author of each part shall be the original owner of the copyright in the
part that he has created;
178.3. In the case of work created by an author during and in the course of his employment, the
copyright shall belong to:
a. 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.
b. 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.
178.4. In the case of a work commissioned by a person other than an employer of the author and who
pays for it and the work is made in pursuance of the commission, the person who so commissioned the
work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless
there is a written stipulation to the contrary;
178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the
scenario, the composer of the music, the film director, and the author of the work so adapted. However,
subject to contrary or other stipulations among the creators, the producer shall exercise the copyright
to an extent required for the exhibition of the work in any manner, except for the right to collect
performing license fees for the performance of musical compositions, with or without words, which are
incorporated into the work; and
178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article
723 of the Civil Code. (Sec. 6, P.D. No. 49a)

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Chapter VIII: Limitations on Copyright

SECTION 184. Limitations on Copyright. –
184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement
of copyright:
a. The recitation or performance of a work, once it has been lawfully made accessible to the public, if
done privately and free of charge or if made strictly for a charitable or religious institution or society;
(Sec. 10(1), P.D. No. 49)
b. The making of quotations from a published work if they are compatible with fair use and only to the
extent justified for the purpose, including quotations from newspaper articles and periodicals in the
form of press summaries: Provided, That the source and the name of the author, if appearing on
the work, are mentioned; (Sec. 11, third par., P.D. No. 49)
c. The reproduction or communication to the public by mass media of articles on current political, social,
economic, scientific or religious topic, lectures, addresses and other works of the same nature,
which are delivered in public if such use is for information purposes and has not been expressly
reserved: Provided, That the source is clearly indicated; (Sec. 11, P.D. No. 49)
d. The reproduction and communication to the public of literary, scientific or artistic works as part of
reports of current events by means of photography, cinematography or broadcasting to the extent
necessary for the purpose; (Sec. 12, P.D. No. 49)
e. The inclusion of a work in a publication, broadcast, or other communication to the public, sound
recording or film, if such inclusion is made by way of illustration for teaching purposes and is
compatible with fair use: Provided, That the source and of the name of the author, if appearing in
the work, are mentioned;
f. The recording made in schools, universities, or educational institutions of a work included in a
broadcast for the use of such schools, universities or educational institutions: Provided, That such
recording must be deleted within a reasonable period after they were first broadcast: Provided,
further, That such recording may not be made from audiovisual works which are part of the general
cinema repertoire of feature films except for brief excerpts of the work;
g. The making of ephemeral recordings by a broadcasting organization by means of its own facilities
and for use in its own broadcast; cdt
h. The use made of a work by or under the direction or control of the Government, by the National
Library or by educational, scientific or professional institutions where such use is in the public
interest and is compatible with fair use;
i. The public performance or the communication to the public of a work, in a place where no admission
fee is charged in respect of such public performance or communication, by a club or institution for
charitable or educational purpose only, whose aim is not profit making, subject to such other
limitations as may be provided in the Regulations; (n)
j. Public display of the original or a copy of the work not made by means of a film, slide, television image
or otherwise on screen or by means of any other device or process: Provided, That either the work
has been published, or, that the original or the copy displayed has been sold, given away or
otherwise transferred to another person by the author or his successor in title; and
k. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional
advice by a legal practitioner.

184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used
in a manner which does not conflict with the normal exploitation of the work and does not unreasonably
prejudice the right holder's legitimate interests.

SECTION 185. Fair Use of a Copyrighted Work. —

185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including
multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement
of copyright. Decompilation, which is understood here to be the reproduction of the code and translation
of the forms of the computer program to achieve the inter-operability of an independently created
computer program with other programs may also constitute fair use. In determining whether the use
made of a work in any particular case is fair use, the factors to be considered shall include:

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a. The purpose and character of the use, including whether such use is of a commercial nature or is for
non-profit educational purposes;
b. The nature of the copyrighted work;
c. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
d. The effect of the use upon the potential market for or value of the copyrighted work.

185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is
made upon consideration of all the above factors.

SECTION 186. Work of Architecture. — Copyright in a work of architecture shall include the right to control the
erection of any building which reproduces the whole or a substantial part of the work either in its original form or in
any form recognizably derived from the original: Provided, That the copyright in any such work shall not include
the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that
copyright relates. (n)

SECTION 187. Reproduction of Published Work. —

187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2,
the private reproduction of a published work in a single copy, where the reproduction is made by a
natural person exclusively for research and private study, shall be permitted, without the authorization
of the owner of copyright in the work.
187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of:
a. A work of architecture in the form of building or other construction;
b. An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic
means;
c. A compilation of data and other materials;
d. A computer program except as provided in Section 189; and
e. Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the
work or would otherwise unreasonably prejudice the legitimate interests of the author. (n)

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REPUBLIC ACT NO. 386

Overview

Long title: AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
Short title: Civil Code of the Philippines
Contents: Two thousand two hundred seventy (2270) articles
Approval Date: 18 June 1949

Note: Below are selected excerpts from the Civil Code of the Philippines which are relevant to the practice of
architecture.

BOOK II

Title II: Ownership

Chapter 4: Ruinous Buildings and Trees in Danger of Falling

Article 482. If a building, wall, column, or any other construction is in danger of falling, the owner shall be obliged
to demolish it or to execute the necessary work in order to prevent it from falling.

If the proprietor does not comply with this obligation, the administrative authorities may order the demolition of
the structure at the expense of the owner, or take measures to insure public safety. (389a)

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Article 483. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of
another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and
should he not do so, it shall be done at his expense by order of the administrative authorities. (390a)

Title VI: Usufruct

Chapter 1: Usufruct in General

Article 562. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and
substance, unless the title constituting it or the law otherwise provides. (467)

Article 563. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last
will and testament, and by prescription. (468)

Article 564. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more
persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. It may
also be constituted on a right, provided it is not strictly personal or intransmissible. (469)

Title VII: Easements of Servitudes

Chapter 2: Legal Easements
Section 2: Easements Relating to Waters

Article 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout
their entire length and within a zone of three meters along their margins, to the easement of public use in the
general interest of navigation, floatage, fishing and salvage.

Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath
for the exclusive service of river navigation and floatage.

If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid.
(553a)

Section 3: Easement of Right of Way

Article 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is
surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is
entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity.

Should this easement be established in such a manner that its use may be continuous for all the needs of the
dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land
occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by
others and for the gathering of its crops through the servient estate without a permanent way, the indemnity
shall consist in the payment of the damage caused by such encumbrance.

This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. (564a)

Section 4: Easement of Party Wall

Article 662. The cost of repairs and construction of party walls and the maintenance of fences, live hedges,
ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the
party wall in their favor, in proportion to the right of each.

Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his part-ownership,
except when the party wall supports a building belonging to him. (575)

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Article 663. If the owner of a building, supported by a party wall desires to demolish the building, he may also
renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage
which the demolition may cause to the party wall, on this occasion only, shall be borne by him. (576)

Article 664. Every owner may increase the height of the party wall, doing so at his own expense and paying for
any damage which may be caused by the work, even though such damage be temporary.

The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for
by him; and, in addition, the indemnity for the increased expenses which may be necessary for the preservation
of the party wall by reason of the greater height or depth which has been given it.

If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it
at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required
from his own land. (577)

Article 665. The other owners who have not contributed in giving increased height, depth or thickness to the wall
may, nevertheless, acquire the right of part-ownership therein, by paying proportionally the value of the work at the
time of the acquisition and of the land used for its increased thickness. (578a)

Article 666. Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership,
without interfering with the common and respective uses by the other co-owners. (579a)

Section 5: Easement of Light and View

Article 667. No part-owner may, without the consent of the others, open through the party wall any window or
aperture of any kind.
(580)

Article 670. No windows, apertures, balconies, or other similar projections which afford a direct view upon or
towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in
which they are made and such contiguous property.

Neither can side or oblique views upon or towards such conterminous property be had, unless there be a
distance of sixty centimeters.

The nonobservance of these distances does not give rise to prescription. (582a)

Article 671. The distance referred to in the preceding article shall be measured in cases of direct views from the
outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases
of oblique view from the dividing line between the two properties. (583)

Article 672. The provisions of article 670 are not applicable to buildings separated by a public way or alley, which
is not less than three meters wide, subject to special regulations and local ordinances. (584a)

Article 673. Whenever by any title a right has been acquired to have direct views, balconies or belvederes
overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of
three meters to be measured in the manner provided in article 671. Any stipulation permitting distances less than
those prescribed in article 670 is void. (585a)

Section 6: Drainage of Buildings

Article 674. The owner of a building shall be obliged to construct its roof or covering in such manner that the rain
water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the
adjacent land may belong to two or more persons, one of whom is the owner of the roof. Even if it should fall on
his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent
land or tenement. (586a)

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Article 675. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from
roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance
with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the
dominant estate. (587)

Article 676. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give
an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage
can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress
may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the
servient estate, after payment of the property indemnity. (583)

BOOK IV

Title VIII: Lease

Chapter 4: Work and Labor
Section 3: Contract for a Piece of Work

Article 1723. The engineer or architect who drew up the plans and specifications for a building is liable for damages
if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those
plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages
if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior
quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises
the construction, he shall be solidarily liable with the contractor.

Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any
defect mentioned in the preceding paragraph.

The action must be brought within ten years following the collapse of the building. (n)

Article 1724. The contractor who undertakes to build a structure or any other work for a stipulated price, in
conformity with plans and specifications agreed upon with the land-owner, can neither withdraw from the contract
nor demand an increase in the price on account of the higher cost of labor or materials, save when there has been
a change in the plans and specifications, provided:

(1) Such change has been authorized by the proprietor in writing; and
(2) The additional price to be paid to the contractor has been determined in writing by both parties. (1593a)

Article 1725. The owner may withdraw at will from the construction of the work, although it may have been
commenced, indemnifying the contractor for all the latter's expenses, work, and the usefulness which the
owner may obtain therefrom, and damages. (1594a)

Article 1726. When a piece of work has been entrusted to a person by reason of his personal qualifications,
the contract is rescinded upon his death.

In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value
of the part of the work done, and of the materials prepared, provided the latter yield him some benefit.

The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. (1595)

Article 1727. The contractor is responsible for the work done by persons employed by him. (1596)

Article 1728. The contractor is liable for all the claims of laborers and others employed by him, and of third
persons for death or physical injuries during the construction. (n)

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Article 1729. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor
have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is
made. However, the following shall not prejudice the laborers, employees and furnishers of materials:

(1) Payments made by the owner to the contractor before they are due;
(2) Renunciation by the contractor of any amount due him from the owner.

This article is subject to the provisions of special laws. (1597a)

Article 1730. If it is agreed that the work shall be accomplished to the satisfaction of the proprietor, it is understood
that in case of disagreement the question shall be subject to expert judgment.
If the work is subject to the approval of a third person, his decision shall be final, except in case of fraud or manifest
error. (1598a)

Article 1731. He who has executed work upon a movable has a right to retain it by way of pledge until he is paid.
(1600)
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REFERENCES

• Republic Act No. 386: An Act to Ordain and Institute the Civil Code of the Philippines. (1949).
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/50160/102475/F1500145909/PHL50160.pdf
• Republic Act No. 8293: The Intellectual Property Code of the Philippines. (1998).
https://www.wipo.int/edocs/lexdocs/laws/en/ph/ph001en.pdf

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