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

Section 1

The arraignment shall be conducted in accordance with Rule 116 of the Rules of Court. Once the court has acquired jurisdiction over the person of the accused, the arraignment of the accused and the pre-trial shall be set simultaneously within ten (10) calendar days from the date of the court's receipt of the case for a detained accused, and within thirty (30) calendar days from the date the court acquires jurisdiction over a non-detained accused, unless a shorter period is provided by special law or Supreme Court circular.

Section 2

During the pre-trial, a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters as may be taken up to clarify the issues and to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him or her unless reduced to writing and signed by the accused and counsel. A refusal or failure to stipulate shall not prejudice the accused. The pre-trial shall be terminated not later than thirty (30) calendar days from the date of its commencement. Should a party desire to present additional judicial affidavits as part of his or her direct evidence, the party shall so manifest during the pre-trial, stating the purpose thereof. If allowed by the court, the additional judicial affidavits shall be submitted to the court and served on the adverse party not later than five (5) calendar days after the termination of the pre-trial. If the additional judicial affidavits are presented by the prosecution, the accused may file his or her judicial affidavits and serve the same on the prosecution within five (5) calendar days from such service. Before the pre-trial, the court shall require the marking of documentary or object evidence by the branch clerk of court or any authorized court personnel.

Section 3

If the counsel for the accused or the prosecutor does not appear at the pre-trial and does not offer an acceptable excuse for his or her lack of cooperation, the court is authorized to impose any and all available sanctions and penalties that are allowed under existing and relevant rules of procedure.

Section 4

On the day of the termination of the pre-trial, the court shall issue a pre-trial order stating the matters taken up therein, including but not limited to: a) Plea bargaining; b) The stipulations or admissions entered into by the parties; c) Whether, on the basis of the stipulations and admissions made by the parties and upon agreement of the parties, judgment may be rendered without the need of further proceedings, in which event judgment shall be rendered within thirty (30) calendar days from issuance of the order; d) A clear specification of material facts which remain controverted; e) Trial dates of each party; f) Statement of the parties' respective theories of the case and/or defenses; g) A tabular presentation of the parties' respective pre-marked exhibit be included to facilitate the subsequent conduct of trial and to properly guide both parties and the court; h) A statement that the One-Day Examination of Witness Rule and Most Important Witness Rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly followed; and i) Such other matters intended to expedite the disposition of the case.

Section 5

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 thirty (30) calendar days. After the lapse of the mediation period or if mediation fails, trial shall proceed.