‘Lizza Nakpil has been lying’—Mark Escueta

By NRJ RAMOS
October 15, 2009, 7:05pm

And the war rages on.

A mere few weeks after their former manager Lizza Nakpil came out claiming that the Intellectual Property Office (IPO) of the Philippines has upheld her ownership of the "Rivermaya" name, Mark Escueta, along with fellow band members Japs Sergio, Mike Elgar and Jayson Fernandez, has negated her statements.

According to a text message from Escueta, Nakpil is “lying” and that her claim of ownership is meant to “mislead” the public.

Escueta sent Manila Bulletin Entertainment Online a certification from the IPO as proof.

Sent via e-mail, the certification seemingly renders Nakpil’s assertion as imprecise, even as it affirms that the case is “still pending” and that “no entry of judgment/execution of decision has been issued” on the matter.

Issued upon the request of the group’s lawyer Maria Patricia Alvarez of the Yasay, Regalado, Atienza and Mendoza law offices, the letter is dated October 14 and bears the signature of IPO director Estrellita Beltran-Abelardo.

In an exclusive interview, Escueta said they asked for the certification to “simply clarify the issue.”

“[Nakpil] has been confusing the public. She is making it appear as if the decision was final and executory—it isn’t.

“Yes, our application [for the rights to the name] was denied due to a technicality, but it doesn’t mean that [the case] is over or that she now owns the name.

“As the certification I gave you shows, the case is still pending. Our fight continues,” Escueta explained.

He added that Nakpil’s recent actions had been detrimental to the band’s stature in the music community.

“She has been sending everyone the missive, making sponsors and producers lose confidence in us. And for me, that is downright unfair. She is seemingly out to deprive us of our livelihood.”

Escueta stated that Nakpil is determined to divert the public’s attention from “the real issue.”

“Actually, this whole issue [about the name] is not the real problem. Our main issue with her dates back from 2007-2008 from a problem we had with her when she misappropriated funds meant for the band.

“She keeps on harping on the name issue, the legacy issue, when all that we wanted from her was the truth. We gave her enough time to address the issue but she didn’t want to.

“The last straw was when she filed for a patent on the name with the IPO behind our backs. We just can’t trust her anymore.”

Escueta confirmed that they have filed another case against Nakpil in Makati.

“I am not ready yet to talk about it but our lawyers are on it.”

On, October 4, Nakpil furnished Manila Bulletin Entertainment Online with a copy of a decision from the IPO, recognizing her ownership of the trademark “Rivermaya.”

The order in Decision No. 2009–1003 was also signed by IPO director Estrellita Beltran-Abelardo but promulgated on August 18, 2009.

According to Nakpil, the decision indicates that as the lawful owner of the Rivermaya name, all Philippine and foreign concerts, album and song releases, contracts, or projects by any group, producers, sponsors, and venues utilizing the name Rivermaya without her express authorization would constitute a violation of law.

Said violators will also be subject to legal action, both civil or criminal, aside from damages and other penalties which may be imposed by law, read the decision.

Nakpil said the decision is effective retroactive to the date of her original registration of the name on July 7, 2008.

She further declared that her right of ownership over the name is effectual worldwide, as a result of the Philippines government’s participation in international intellectual property treaties and conventions.

Escueta, Elgar, Sergio and Fernandez have just released an album under Warner Music Philippines dubbed, “Closest Thing To Heaven.”