Intellectual Property Code with the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases

Section 1

The filing of criminal cases falling within the scope of this Rule shall be by information after a prior verified complaint is filed under Rule 12 on Preliminary Investigation. When the information is filed, the verified complaint and the judicial affidavits of witnesses together with other evidence, in such number of copies as there are accused, plus two (2) copies for the court's files, shall be attached thereto.

Section 2

The information, together with attachments, shall be filed with the court referred to in Section 2 of Rule 1, which has jurisdiction over the territory where any of the elements of the offense occurred.

Section 3

Within ten (10) calendar days from the filing of the information, the judge shall personally evaluate the information, together with the resolution of the prosecutor and its supporting documents. The judge may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If the judge finds probable cause, he or she shall issue a warrant of arrest, or a commitment order if the accused has already been arrested. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) calendar days from notice and the issue must be resolved by the court within fifteen (15) calendar days from the presentation of the additional evidence.

Section 4

If a criminal action has been instituted, 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. It shall be the duty of the applicant or private complainant to file a motion for the immediate transfer of the seized goods and records of the case with the issuing court, within ten (10) calendar days from the filing of the information in the trial court, which motion shall be immediately acted upon by the issuing court. Failure of the applicant or private complainant to comply therewith shall subject the seized goods to disposal and/or destruction under Rule 20 by the issuing court. If no criminal action has been instituted, the motion to quash a search warrant or to suppress evidence obtained thereby or to release seized goods may be filed in and resolved by the issuing court. If, pending resolution of the motion, a criminal case is filed in another court, the incident shall be transferred to and resolved by the latter court. Upon motion of the party whose goods have been seized, with notice to the applicant, the issuing court may quash the search warrant and order the return of the seized goods if no criminal complaint is filed within sixty (60) calendar days from the issuance of the search warrant. If upon hearing of the motion, even when no criminal complaint was filed but the seized goods are hazardous under Rule 20, upon due notice to appropriate government regulatory agencies, the court shall order the destruction of the same. If no criminal complaint is filed before the Office of the Prosecutor or the appropriate office in the Department of Justice and no motion for the return of the seized goods is filed within sixty (60) calendar days from the issuance of the search warrant, the issuing court shall require the parties, including the private complainant, if any, to show cause as to why the search warrant should not be quashed. If compliance with the show cause order is deemed insufficient, the seized goods shall be subject to disposal and/or destruction under Rule 20 by the issuing court. The return of the search and seizure warrant shall be in accordance with the provisions of Rule 126 of the Rules of Court.

Section 5

The following motions shall not be allowed: a) Motion to quash the information, except on the ground of lack of jurisdiction; b) Motion for judicial determination of probable cause; c) Unmeritorious motion for reinvestigation of the prosecutor recommending the filing of information once the information has been filed before the court or if the motion is filed without prior leave of court; d) Motion for bill of particulars that does not conform to Section 9, Rule 116 of the Rules of Court; e) Motion to suspend the arraignment based on grounds not stated under Section 11, Rule 116 of the Rules of Court; f) Motion for extension of time to file affidavits or any other papers; and g) Motion for postponement except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify. A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21 (b), Rule 141 of the Rules of Court, to be submitted either at the time of the filing of said motion or not later than the next hearing date.

Section 6

When a criminal action is instituted pursuant to these Rules, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately, or institutes the civil action prior to the criminal action, subject to the provisions of Rule 111 of Rules of Court.