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[A.M. NO.

02-1-06-SC 2002-01-22]
RULE ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
SECTION 1. Coverage. This Rule shall govern the provisional seizure
and impounding of documents and articles in pending and intended
civil actions for the purpose of preventing infringement and preserving
relevant evidence in regard to alleged infringement under Repulic !ct
No. "#$%& other'ise (no'n as the Intellectual )ropert* Code of the
)hilippines& !rticle +, of the !greement on Trade Related !spects of
Intellectual )ropert* Rights& other'ise (no'n as TRI)S and other
related la's and international conventions.
SEC. #. The writ of search and seizure. -here an* dela* is li(el* to
cause irreparale harm to the intellectual propert* right holder or
'here there is demonstrale ris( of evidence eing destro*ed& the
intellectual propert* right holder or his dul* authorized representative
in a pending civil action for infringement or 'ho intends to commence
such an action ma* appl* e. parte for the issuance of a 'rit of search
and seizure directing the alleged infringing defendant or e.pected
adverse part* to admit into his premises the persons named in the
order and to allo' the search& inspection& cop*ing& photographing&
audio and audiovisual recording or seizure of an* document and article
speci/ed in the order.
SEC. %. Where application fled. The application shall e /led 'ith
an* of the Regional Trial Courts of the 0udicial region designated to tr*
violations of intellectual propert* rights stationed at the place 'here
the alleged violation occurred or is to occur& or the place to e
searched& at the election of the applicant. )rovided& ho'ever& that
'here the complaint for infringement has alread* een /led& the
application shall e made in the court 'here the case is pending.
SEC. 1. Verifed application and afdavits. The applicant shall /le a
veri/ed application alleging the ground upon 'hich it is ased and the
speci/c description and location of the documents and articles to e
searched& inspected& copied or seized and their value. It shall also state
the names of the applicant& his representative& 'itnesses and counsel
'ho 'ill attend the search in the event that the application is granted.
The application shall e supported * a2davits of 'itnesses 'ho
personall* (no' the facts and * authenticated or certi/ed documents.
The application shall contain a certi/cation against forum shopping as
prescried * Section +& Rule 3 of the 1$$3 Rules of Civil )rocedure.
The applicant shall underta(e in his application that he 'ill not use an*
of the documents& articles or information otained * reason of the
search and seizure for an* purpose other than in the action in 'hich
the 'rit is issued.
SEC. +. Examination of applicant; record; confdentialit of
proceedings. The application shall e acted upon 'ithin t'ent*4four
5#16 hours from its /ling. The 0udge must& efore issuing the 'rit&
e.amine in the form of searching 7uestions and ans'ers& in 'riting and
under oath or a2rmation& the applicant and the 'itnesses he ma*
produce on facts personall* (no'n to them. The e.amination of the
applicant and his 'itnesses shall e recorded. Their s'orn statements
and their a2davits shall form part of the record of the case.
The hearing on the application for the 'rit shall e held in the
chamers of the 0udge. Court personnel shall maintain the
con/dentialit* of the application proceeding.
The court ma* re7uire the applicant to give other information
necessar* for the identi/cation of the articles and documents to e
searched& inspected& copied or seized and the premises to e
searched. -here feasile& it ma* direct the applicant to sumit copies
and photographs of the documents or articles to e seized and
impounded.
SEC. 8. !rounds for the issuance of the order. 9efore the Order can
e issued& the evidence pro:ered * the applicant and personall*
evaluated * the 0udge must sho' that;
5a6 the applicant is the right holder or his dul* authorized
representative<
56 there is proale cause to elieve that the applicant=s right is eing
infringed or that such infringement is imminent and there is a prima
facie case for /nal relief against the alleged infringing defendant or
e.pected adverse part*<
5c6 damage& potential or actual& li(el* to e caused to the applicant is
irreparale<
5d6 there is demonstrale ris( of evidence that the alleged infringing
defendant or e.pected adverse part* ma* destro*& hide or remove the
documents or articles efore an* application inter partes can e made<
and
5e6 the documents and articles to e seized constitute evidence of the
alleged infringing defendant=s or e.pected adverse part*=s infringing
activit* or that the* infringe upon the intellectual propert* right of the
applicant or that the* are used or intended to e used as means of
infringing the applicant=s intellectual propert* right.
SEC. 3. When writ ma issue. If the 0udge is satis/ed 'ith the proof of
facts upon 'hich the application is ased& he shall issue the 'rit
re7uiring the search& inspection or cop*ing of the su0ect documents or
articles or commanding the sheri: to ta(e them into his custod*
su0ect to the control of the court. The enforcement of the 'rit shall e
supervised * an independent Commissioner to e appointed * the
court.
SEC. ". Contents of the writ. The 'rit shall contain the follo'ing;
5a6 an order to the alleged infringing defendant& e.pected adverse
part* or to the person 'ho appears to e in charge or in control of the
premises or residing or 'or(ing therein to permit the persons named in
the 'rit to enter into the premises for the purpose of searching&
inspecting& cop*ing& or removing from the premises and transferring to
the custod* of the sheri: and su0ect to the control of the court the
su0ect documents and articles<
56 an order to the alleged infringing defendant& e.pected adverse
part* or to the person in charge or in control of the premises to
disclose to the sheri: serving the 'rit the location of the documents
and articles su0ect of the 'rit<
5c6 the period 'hen the 'rit shall e enforced 'hich in no case shall e
more than ten 51,6 da*s from the date of issuance * the court<
5d6 the names of the applicant or his agent or representative and the
Commissioner 'ho shall supervise the enforcement of the 'rit< and
5e6 other terms and conditions that 'ill insure the proper e.ecution of
the 'rit 'ith due regard to the rights of the alleged infringing
defendant or e.pected adverse part*.
It shall also contain a 'arning that violation of an* of the terms and
conditions of the 'rit shall constitute contempt of court.
SEC. $. "ond and its conditions. The applicant shall e re7uired to
post a cash ond& suret* ond or other e7uivalent securit* e.ecuted in
favor of the defendant or e.pected adverse part* in a reasonale
amount to e /.ed * the court in its order granting the issuance of a
'rit of search and seizure. The ond shall e conditioned on the
underta(ing of the applicant that he 'ill pa* all the costs 'hich ma* e
ad0udged to defendant or e.pected adverse part* and all damages
'hich the latter ma* sustain * reason of the issuance of the 'rit.
SEC. 1,. When writ shall #e served. The 'rit shall e served onl* on
'ee(da*s and from " o=cloc( in the morning to + o=cloc( in the
afternoon. >o'ever& the court ma* direct that the 'rit e served on
an* da* and an* time for compelling reasons stated in the application
and dul* proved.
SEC. 11. To whom writ shall #e served. The 'rit shall e served on
the alleged infringing defendant or e.pected adverse part* in the place
to e searched.
If the alleged infringing defendant or e.pected adverse part* cannot
e found in the premises& the 'rit shall e served on his agent or
representative. In the asence of an agent or representative& it shall e
served on the person in charge or in control of the premises& or
residing or 'or(ing therein 'ho is of su2cient age and discretion. If
such person is asent& the sheri: or proper o2cer shall post the papers
on the premises and proceed 'ith the enforcement of the 'rit.
SEC. 1#. Commissioner$ duties$ %ualifcations and fees. The
enforcement of the 'rit shall e supervised * the independent
Commissioner appointed * the court. In the performance of his dut*&
the Commissioner shall;
5a6 give impartial advice to the alleged infringing defendant& e.pected
adverse part* or to the person in charge of the premises to e
searched as to the meaning and coverage of the 'rit<
56 attempt to achieve agreement on a suitale search procedure<
5c6 assess 'hat documents or articles come 'ithin the terms of the
'rit<
5d6 ensure the accurac* of the list of documents and articles searched&
inspected& copied or seized * the sheri:<
5e6 prepare his o'n report on the search and seizure and verif* and
sign the return prepared * the sheri:< and
5f6 generall*& assist in the proper e.ecution of the 'rit.
The Commissioner shall e a memer of the )hilippine 9ar and of
proven competence& integrit* and proit*. >e shall receive such
reasonale compensation as ma* e determined * the court 'hich
can e charged as cost of suit.
SEC. 1%. &earch to #e conducted in the presence of defendant$ his
representative$ person in charge of the premises$ or witnesses. The
premises ma* not e searched e.cept in the presence of the alleged
infringing defendant& e.pected adverse part* or his representative or
the person in charge or in control of the premises or residing or
'or(ing therein 'ho shall e given the opportunit* to read the 'rit
efore its enforcement and see( its interpretation from the
Commissioner. In the asence of the latter& t'o persons of su2cient
age and discretion residing in the same localit* shall e allo'ed to
'itness the search or in the asence of the latter& t'o persons of
su2cient age and discretion residing in the nearest localit*.
SEC. 11. 'anner of search and seizure; duties of the sheri(. ?pon
service of the 'rit in accordance 'ith section 11 hereof& the sheri:&
under the supervision of the Commissioner& shall search for the
documents and articles speci/ed in the 'rit& and ta(e them in his
custod* su0ect to the control of the court.
If the su0ect articles are not capale of manual deliver*& the sheri:
shall attach to them a tag or lael stating the fact of seizure and
'arning all persons from tampering 'ith them.
The sheri: shall& in the presence of the applicant or his representative&
and under the supervision of the Commissioner& prepare a detailed list
of the seized documents and articles. >e shall give an accurate cop* of
the same to the alleged infringing defendant& e.pected adverse part*&
his agent or representative& to the person in charge or in control of the
premises or residing or 'or(ing therein in 'hose presence the search
and seizure 'ere made. In the asence of the person in charge or in
control of the premises or residing or 'or(ing therein& the sheri: must&
in the presence of at least t'o 'itnesses of su2cient age and
discretion residing in the same localit*& leave a cop* of the receipt in
the place in 'hich he found the seized propert*. -here no 'itnesses
are availale in the same localit*& the cop* of the receipt shall e left
* the sheri: in the presence of t'o 'itnesses residing in the nearest
localit*. The applicant or his representative and the Commissioner shall
also e given a cop* of the receipt.
!fter the sheri: has ta(en possession of the documents and articles&
he shall deliver them to a onded 'arehouse or government
'arehouse for safe(eeping. The applicant or his representative shall e
allo'ed access to said materials for the purpose of e.amining them.
The applicant shall e responsile for the necessar* e.penses incurred
in the seizure and safe(eeping of the documents and articles in a
onded 'arehouse or government 'arehouse.
SEC. 1+. )se of reasona#le force to e(ect writ. The sheri:& if refused
admittance to the premises after giving notice of his purpose and
authorit* or in the asence of the alleged infringing defendant or
e.pected adverse part*& his agent or representative& or person in
charge or in control of the premises or residing or 'or(ing therein 'ho
is of su2cient age and discretion& ma* use reasonale force to gain
entr* to the premises or an* part of the uilding or an*thing therein& to
enforce the 'rit or to lierate himself or an* person la'full* aiding him
'hen unla'full* detained therein.
SEC. 18. &eizure of computer dis*s or other storage devices. The
seizure of a computer dis( or an* storage device ma* e e.ecuted in
an* of the follo'ing manner;
5a6 * the ph*sical ta(ing thereof<
56 * cop*ing its contents in a suitale device or dis( provided * the
applicant< or
5c6 * printing out the contents of the dis( or device 'ith the use of a
printer.
-hen the computer dis(s or storage devices cannot e readil*
removed from the computer to 'hich the* are /tted& the sheri: ma*
ta(e the su0ect computer from the custod* of the alleged infringing
defendant& e.pected adverse part* or person in charge or in control of
the premises or residing or 'or(ing therein.
SEC. 13. &heri(+s return. The sheri: 'ho e.ecuted the 'rit shall&
'ithin three 5%6 da*s from its enforcement& ma(e a veri/ed return to
the court 'hich issued the 'rit. The return shall contain a full
statement of the proceedings under the 'rit and a complete inventor*
of the documents and articles searched& inspected or copied or seized
and impounded& 'ith copies served on the applicant& the defendant or
e.pected adverse part* and the Commissioner.
If not all of the documents and articles enumerated in the order and
'rit 'ere seized& the sheri: shall so report to the court and state the
reasons therefor. !ll o0ections of the defendant& e.pected adverse
part* or person in charge of the premises on the manner and regularit*
of the service of the 'rit shall e included * the sheri: in his return.
SEC. 1". ,ischarge of writ # the defendant or expected adverse part.
-ithout 'aiting for the return to e /led * the sheri:& the
defendant& e.pected adverse part* or the part* 'hose propert* has
een searched& inspected& copied or seized ma* /le a motion 'ith the
court 'hich issued the 'rit for its discharge 'ith pra*er for the return
of the documents and articles seized.
The 'rit ma* e discharged on an* of the follo'ing grounds;
5a6 that the 'rit 'as improperl* or irregularl* issued& or e.cessivel*
enforced<
56 that the ond is insu2cient<
5c6 that the safeguards provided in the 'rit have een violated * the
applicant or the sheri:< or
5d6 that the documents and articles seized are not infringing copies or
means for ma(ing the materials alleged to infringe the intellectual
propert* right of the applicant.
The 'rit ma* e discharged in a summar* hearing * the court after
notice to the applicant& the sheri: and the Commissioner.
If the court /nds that the ond is insu2cient& it shall order a ne' ond
to e /led * the applicant 'ithin a reasonale time. The discharge of
the 'rit ased on the insu2cienc* of the ond ma* onl* e made if the
applicant fails to post the ne' ond 'ithin the period /.ed * the
court.
SEC. 1$. -roceedings on return. @ive 5+6 da*s after issuance of the
'rit& the issuing 0udge shall ascertain if the 'rit has not een served or
the return has een made * the sheri:. If the 'rit 'as not served or
no return 'as made& it shall summon the sheri: and the applicant to
'hom the 'rit 'as issued and re7uire them to e.plain 'h* the 'rit
'as not served or 'h* no return has een /led as the case ma* e. If
the return has een made& the 0udge shall& after notice to the
applicant& the alleged infringing defendant or e.pected adverse part*&
the sheri: and the Commissioner& ascertain 'hether the provisions of
this Rule and applicale la's have een complied 'ith.
SEC. #,. .ailure to fle complaint. The 'rit shall also& upon motion of
the e.pected adverse part*& e set aside and the seized documents
and articles returned to the e.pected adverse part* if no case is /led
'ith the appropriate court or authorit* 'ithin thirt*4one 5%16 calendar
da*s from the date of issuance of the 'rit.
SEC. #1. Claim for damages. -here the 'rit is discharged on an* of
the grounds provided in this Rule& or 'here it is found after trial that
there has een no infringement or threat of infringement of an
intellectual propert* right& the court& upon motion of the alleged
infringing defendant or e.pected adverse part* and after due hearing&
shall order the applicant to compensate the defendant or e.pected
adverse part* upon the cash ond& suret* ond or other e7uivalent
securit* for an* in0ur* or damage the latter su:ered * the issuance
and enforcement of the 'rit. Should the damages e.ceed the amount
of the ond& the applicant shall e liale for the pa*ment of the e.cess.
-hen a complaint is alread* /led in court& the motion shall e /led
'ith the same court during the trial or efore appeal is perfected or
efore 0udgment ecomes e.ecutor*& 'ith due notice to the applicant&
setting forth the facts sho'ing the defendant=s right to damages and
the amount thereof. The a'ard of damages shall e included in the
0udgment in the main case.
-here no complaint is /led against the e.pected adverse part*& the
motion shall e /led 'ith the court 'hich issued the 'rit. In such a
case& the court shall set the motion for summar* hearing and
immediatel* determine the e.pected adverse part*=s right to damages.
! 0udgment in favor of the applicant in its principal claim should not
necessaril* ar the alleged infringing defendant from recovering
damages 'here he su:ered losses * reason of the 'rongful issuance
or enforcement of the 'rit.
The damages provided for in this section shall e independent from the
damages claimed * the defendant in his counterclaim.
SEC. ##. /udgment. If it appears after trial that the seized documents
and articles are found to infringe the intellectual propert* right of the
applicant or that the* constitute the means for the production of
infringing goods& the court shall order their destruction or donation to
charitale& educational or religious institutions 'ith the prohiition
against ringing the same into the channels of commerce. In the latter
case& infringing trademar(s or trade names found on laels& tags and
other portions of the infringing materials shall e removed or defaced
efore the donation. In no case shall the infringing materials e
returned to the defendant.
If the court /nds no infringement& the seized materials shall e
immediatel* returned to the defendant.
SEC. #%. ,irect fling$ provisional doc*eting and deposit of prescri#ed
fling fee. The Regional Trial Courts speciall* designated to tr*
violations of intellectual propert* rights shall (eep a distinct and
separate logoo( for 'rits of search and seizure. The application for a
'rit of search and seizure /led directl* 'ith the said courts shall e
given a provisional doc(et numer. The prescried /ling fee shall e
deposited 'ith the ranch cler( of court and properl* receipted for and
transmitted to the Cler( of Court 'ithin t'ent*4four 5#16 hours from
issuance of the order granting or den*ing the application for said 'rit.
If a formal complaint is /led thereafter& the Cler( of Court ma* ma(e a
reassessment of the /ling fee.
SEC. #1. &eparate log#oo*. In ever* court& there shall e a logoo(
under the custod* of the Cler( of Court 'herein shall e doc(eted and
entered 'ithin t'ent*4four 5#16 hours after the issuance or denial of
the 'rit of search and seizure& the /ling of such application and other
particulars thereof. !ll the suse7uent proceedings concerning the 'rit
of search and seizure shall e faithfull* recorded in the separate
logoo(.
SEC. #+. E(ect of violation. ! violation of an* of the terms and
conditions of the order and the 'rit of search and seizure or an*
provision of this Rule shall constitute contempt of court.
SEC. #8. Writ not a #ar to other measures. The availment of the 'rit
of search and seizure under this Rule shall not prevent the applicant
from resorting to other provisional measures or remedies provided in
e.isting la's and procedural rules.
SEC. #3. E(ectivit. This Rule shall ta(e e:ect on @eruar* 1+& #,,#
after its pulication in t'o 5#6 ne'spapers of general circulation not
later than Aanuar* %,& #,,#.