4 - Applicability

6 – Scope

6-

7
Complaint
• Who may file:
- Any IP right owner
 - Any person who is a national, domiciled or has a real and effective industrial
establishment in a country which is a party to any treaty relating to IP rights or
unfair competition to which Ph is also a party, or extends reciprocal rights to
nationals of the Philippines by law. This includes any foreign national or juridical
person which does not engage in the Philippines.

• Complaint:
- Parties to the case
- Concise statement of ultimate facts and evidence constituting the cause of
action
- Relief sought
- Judicial Affidavit
- Verification/Certification of non-forum shopping
- Proof of payment of docket and lawful fees

• Prohibited Pleadings and Motions

- Motion to dismiss (except on the ground of lack of jurisdiction over the subject
matter, litis pendencia, res judicata)
- MR of a final order or judgment (except with regard to an order of destruction)
- Reply (except when an actionable document is attached in the Answer)
- Petition for Relief from Judgment
- Motion for Extension of Time to file pleadings (except time to file an Answer for
meritorious reasons)
- Motion for Postpone (except if based on acts of God, force majeure or physical
inability)
- Third-party complaint
- Motion to hear affirmative defenses

• For instances when a writ of search and seizure was issued, and no case is filed with the
appropriate court or quasi-judicial agency,
- Upon motion of the party within 45 days from the issuance of writ: court may lift
its writ and order the return of the seized goods
- Upon hearing of the motion and the seized goods are hazardous: court shall
order the destruction of the same
- No Motion for Return of the Seized Goods is filed within 60 days from issuance
of the writ, court shall order disposal or destruction of the goods

Summons
• Summons shall be served within 5 days from receipt of the complaint by the court to
which it is assigned or raffled.
• Service of summons, orders and other court processes
- Personal service: By (i) the sheriff, their deputy or other proper court officers, or
(ii) by the counsel of representative of the plaintiff, or (iii) any suitable person
authorized by the court.
 - Substituted Service: If defendant cannot be served personally after at 3 time on 2
different dates, service may be affected By leaving a copy of the summons in the
defendant’s residence to person at least 18 yrs old and of sufficient discretion
residing therein, defendant’s office or regular place of business with some
competent person in charge, with any of the officers of the HOA/CondoCorp or
its chief security officer in charge of the community or building where the
defendant may be found, or via e-mail if allowed by the court.
- Service by Publication
- If foreign juridical entity and has no resident agent but has transacted or is doing
business in the Philippines: service can be effected outside of the Philippines by
personal service through the appropriate court in the foreign with the assistance
of the DFA, publication in a newspaper of general circulation in the country
where the defendant may be found, facsimile, electronic means or such other
means the court may direct

Answer
- To the complaint: within 30 days from service of summons
- To the counterclaims or cross-claims: within 15 days from service of the answer
in which they are pleaded
- Must be accompanied by the Judicial Affidavits
- If the defendant failed to file an Answer: the court, motu proprio or upon motion
of the plaintiff, shall render judgment as may be warranted by the allegations of
the complaint, as well as the affidavit and other evidence on record.

Modes of Discovery
• Can be availed of within 30 days from the joinder of issues
• Request may be objected to within 10 days from receipt of request for discovery only on
the ground that the matter requested is manifestly incompetent, immaterial or
irrelevant or is undisclosed information or privileged in nature, or the request is for
harassment. Requesting party may comment within 3 days. Thereafter, court shall rule
on the objection within 10 days from receipt of comment.
• Modes available are
- Depositions
- Production or inspection of documents or things
• The provisions of the Rules of Court in relation to Modes of Discovery shall apply.

Pre-Trial
• Shall be set within 5 days after the period of, or compliance with, any of the modes of
the discovery prescribed, whichever comes later
• 5 days before the date set for pre-trial, parties shall file their respective PTBs
• Upon termination of the pre-trial, the Order must state, among others, any of the
following:
- Court shall judgment on the pleadings or summary judgment
- Court shall require submission of the Position Papers
 - Court shall conduct clarification hearings
- Court shall refer the case to an expert or committee of experts
- Court shall conduct trial

Court Annexed Mediation

On the day of the termination of the pre-trial, the court shall refer the parties for mandatory
court-annexed mediation. Period for said mediation shall not exceed 30 days and is non-
extendible.

JDR

Judgment
 Rendered 60 days within after pre-trial, or submission of PP, or termination of the last
clarification hearing or from the submission of the memoranda or draft decision.
 Unless restrained by a higher court, judgment is executory pending appeal
 Appeal is via Rule 43 of the CA

8 – Criminal
Warrant

Complaint + Preliminary Investigation

 Filed with the appropriate office in the DOJ of Office of the Prosecutor that has
jurisdiction over the offense charged
 Within 10 calendar days after filing of the complaint, the investigating prosecutor may
- dismiss outright for being patently without basis or merit
- order respondent to file counter-affidavit
- set clarificatory hearings if necessary
 Within 10 calendar days from the last written submission by the parties or the
expiration of the period, investigating prosecutor shall determine whether or not there
is sufficient ground to hold the respondent for trial

Information
  Where to file: court which has jurisdiction over the territory where any of the elements
of the offense occurred
 Only the trial court where the criminal action is filed shall rule on a motion to quash a
search warrant or to suppress evidence obtained thereby or to release seized goods.
 If the accused has been lawfully arrested without a warrant:
o Information may be filed without a need of PI provided an inquest had been
conducted
o Arrested accused may ask for a PI but he or she must sign a waiver of the
provision of Article 125 of the RPC

Warrant of arrest
 Within 10 days from the filing of the information, judge will determine probable cause
to issue warrant.

Arraignment and Pre-trial

 The provisions of the Rules of Court on arraignment and pre-trial shall apply.

Mediation
 On the day of the termination of the pre-trial, the judge shall order the parties to appear
before the Philippine Mediation Center for court-annexed mediation on the civil aspect
of the criminal action for a non-extendible period of 30 days.

Trial
 Each party shall have a maximum period of 60days to present their evidence-in-chief on
the trial dates agreed upon during the pre-trial
 Upon termination of trial, the court may order the parties to submit within 30 days their
memoranda setting forth the law and the facts relied upon by them

Judgment
 Rendered not later than 60 days from the time the case is submitted for decision, with
or without the memoranda
 IPO shall be furnished a copy of the judgment
 Appeal may be taken in the manner provided under Rule 122 of the ROC