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

Section 1

The summons and the complaint, including its attachments, shall be served not later than five (5) calendar days from receipt of the complaint by the court to which it is assigned or raffled.

Section 2

Summons, orders and other court processes may be served by the sheriff, their deputy or other proper court officer or for justifiable reasons, by the counsel or representative of the plaintiff or any suitable person authorized by the court issuing the summons. Any private person who is authorized by the court to serve summons, orders and other court processes shall, for that purpose, be considered an officer of the court. If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2) different dates, service may be effected: a) By leaving copies of the summons at the defendant's residence to a person at least eighteen (18) years of age and of sufficient discretion residing therein; b) By leaving copies of the summons at the defendant's office or regular place of business with some competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the defendant; c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowners' association or condominium corporation, or its chief security officer in charge of the community or the building where the defendant may be found; and d) By sending an electronic mail to the defendant's electronic mail address, if allowed by the court. When the defendant is a foreign private juridical entity which has transacted or is doing business in the Philippines, as defined by law, service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers, agents, directors or trustees within the Philippines. If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected outside of the Philippines through any of the following means: a) By personal service coursed through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs; b) By publication once in a newspaper of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant; c) By facsimile; d) By electronic means with the prescribed proof of service; or e) By such other means as the court, in its discretion, may direct. Should either personal or substituted service fail, summons by publication shall be allowed. In the case of juridical entities, summons by publication shall be done by indicating then names of the officers or their duly authorized representative. Extraterritorial service of summons, as provided for in international conventions to which the Philippines is a party, shall also be allowed.

Section 3

Within thirty (30) calendar days from service of summons, the defendant shall file his or her answer to the complaint, including the evidence therein, and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded in the answer shall be deemed waived, except when the court has no jurisdiction over the subject matter, when there is another action pending between the same parties for the same cause, or when the action is barred by a prior judgment or by the statute of limitations. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within fifteen (15) calendar days from service of the answer in which they are pleaded.

Section 4

Should the defendant fail to answer the complaint within the period stated above, the court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the allegations of the complaint, as well as the affidavits and other evidence on record, unless the court in its discretion requires the plaintiff to submit additional evidence. Such reception of additional evidence may be delegated to the clerk of court. In no case shall the court award a relief beyond or different from that prayed for; Provided, that the court may, in its discretion, reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable.

Section 5

The judicial affidavits required to be submitted with the answer in a question-and-answer format numbered consecutively shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. The judicial affidavits shall also show the competence of the affiants to testify to the matters stated therein. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be ground for the court to order that the inadmissible affidavit or portion thereof be expunged from the records.