Republic of the Philippines

SUPREME COURT
Manila

A.M. No. 02-1-06-SC             January 30, 2002

RULE ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS

The Rule shall take effect on February 15, 2002 following its, publication in two (2) newspapers of general
circulation on or before January 30, 2002.

RULE ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS

Section 1. Coverage. - This Rule shall govern the The application shall contain a certification against
provisional seizure and impounding of documents and forum shopping as prescribed by Section 5, Rule 7 of
articles in pending and intended civil actions for the the 1997 Rules of Civil Procedure.
purpose of preventing infringement and preserving
relevant evidence in regard to alleged infringement The applicant shall undertake in his application that
under Republic Act No. 8293, otherwise known as the he will not use any of the documents, articles or
Intellectual property Code of the Philippines, Article information obtained by reason of the search and
50 of the Agreement on Trade Related Aspects of seizure for any purpose other than in the action in
intellectual Property Rights, otherwise known as which the writ is issued.
TRIPS and other related laws and international
conventions. Section 5. Examination of applicant; record;
confidentiality of proceedings. - The application shall
Section 2. The writ of search and seizure. - Where be acted upon within twenty-four (24) hours from its
any delay is likely to cause irreparable harm to the filing; The judge must, before issuing the writ,
intellectual property right holder or where there is examine in the form of searching questions and
demonstrable risk of evidence being destroyed, the answers, in writing and under oath or affirmation, the
intellectual property right holder or his duly authorized applicant and the witnesses he may produce on facts
representative in a pending civil action for personally known to them. The examination of the
infringement or who intends to commence such an applicant and his witnesses shall be recorded. Their
action may apply ex parte for the issuance of a writ of sworn statements and their affidavits shall form part of
search and seizure directing the alleged infringing the record of the case.
defendant or expected adverse party to admit into his
premises the persons named in the order and to allow The hearing on the application for the writ shall be
the search, inspection, copying, photographing, audio held in the chambers of the judge. Court personnel
and audiovisual recording or seizure of any document shall maintain the confidentiality of the application
and article specified in the order. proceeding.lawphi1.net

Section 3. Where application filed. - The application The court may require the applicant to give other
shall be filed with any of the Regional Trial Courts of information necessary for the identification of the
the judicial region designated to try violations of articles and documents to be searched, inspected,
intellectual property rights stationed at the place copied or seized and the premises to be searched.
where the alleged violation occurred or is to occur, or Where feasible, it may direct the applicant to submit
me place to be searched, at the election of the copies and photographs of the documents or articles
applicant. Provided, however, that where the to be seized and impounded.
complaint for infringement has a1ready been filed, the
application shall be made in the court where the case
Section 6. Grounds for the issuance of the order. -
is rending.
Before the Order can be issued, the evidence
proffered by the applicant and personally evaluated
Section 4. Verified application and affidavits. - The by the judge must show that:
applicant shall file a verified application alleging the
ground upon which it is based and the specific
(a) the applicant is the right holder or his duly
description and location of the documents and articles
authorized representative;
to be searched, inspected, copied or seized and their
value. It shall also state the names of the applicant,
his representative, witnesses and counsel who will (b) there is probable cause to believe that the
attend the search in the event that the application is applicant's right is being infringed or that such
granted. The application shall be supported by infringement is imminent and there is a prima
affidavits of witnesses who personally know the facts facie case for final relief against the alleged
and by authenticated or certified documents. infringing defendant or expected adverse
party;

(c) damage, potential or actual, likely to be

caused to the applicant is irreparable;
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 (d) there is demonstrable risk of evidence that other equivalent security executed in favor of the
the alleged infringing defendant or expected defendant or expected adverse party in a reasonable
adverse party may destroy, hide or remove amount to be fixed by me court in its order granting
the documents or articles before any me issuance of a writ of search and seizure. The
application inter partes can be made; and bond shall be conditioned on the undertaking of the
applicant that he will pay all the costs which may be
(e) the documents and articles to be seized adjudged to defendant or expected adverse party and
constitute evidence of the alleged infringing all damages which me latter may sustain by reason of
defendant's or expected adverse party's me issuance of the writ.
infringing activity or that they infringe upon the
intellectual property right of the applicant or Section 10. When writ shall be served. - The writ
that they are used or intended to be used as shall be served only on weekdays and from 8 o'clock
means of infringing the applicant's intellectual in the morning to 5 o'clock in the afternoon. However,
property right. the court may direct that the writ be served on any
day and any time for compelling reasons stated in the
Section 7. When writ may issue. - If the judge is application and duly proved.
satisfied with the proof of facts upon which the
application is based, he shall issue the writ requiring Section 11. To whom writ shall be served. - The writ
the search, inspection or copying of the subject shall be served on the alleged infringing defendant or
documents or articles or commanding the sheriff to expected adverse party in the place to be searched.
take them into his custody subject to the control of the
court. The enforcement of the writ shall be supervised If the alleged infringing defendant or expected
by an independent Commissioner to be appointed by adverse party cannot be found in the premises, the
the court. writ shall be served on his agent or representative. In
the absence of an agent or representative, it shall be
Section 8. Contents of the writ. - The writ shall served on the person in charge or in control of the
contain the following: premises, or residing or working therein who is of
sufficient age and discretion. If such person is absent,
(a) an order to the alleged infringing the sheriff or proper officer shall post the papers on
defendant, expected adverse party or to the the premises and proceed with the enforcement of the
person who appears to be in charge or in writ.
control of the premises or residing or working
therein to permit the persons named in the Section 12. Commissioner, duties, qualifications and
writ to enter into the premises for the purpose fees. - The enforcement of the writ shall be
of searching, inspecting, copying, or removing supervised by the independent Commissioner
from the premises and transferring to the appointed by the court. In the performance of his duty,
custody of the sheriff and subject to the the Commissioner shall:
control of the court the subject documents and
articles; (a) give impartial advise to the alleged
infringing defendant, expected adverse party
(b) an order to the alleged infringing or to the person in charge of the premises to
defendant, expected adverse party or to the be searched as to the meaning and coverage
person in charge or in control of the premises of the writ;
to disclose to the sheriff serving the writ the
location of the documents and articles subject (b) attempt to achieve agreement on a
of the writ; suitable search procedure;

(c) the period when the writ shall be enforced (c) assess what documents or articles come
which in no case shall be more than ten (10) within the terms of the writ;
days from the date of issuance by the court;
(d) ensure the accuracy of the list of
(d) the names of the applicant or his agent or documents and articles searched, inspected,
representative and the Commissioner who copied or seized by the sheriff;
shall supervise the enforcement of the writ;
and (e) prepare his own report on the search and
seizure and verify and sign the return
(e) other terms and conditions that will insure prepared by the sheriff; and
the proper execution of the writ with due
regard to the rights of the alleged infringing (f) generally, assist in the proper execution of
defendant or expected adverse party. the writ.

It shall also contain a warning that violation of any of The Commissioner shall be a member of the
the terms and conditions of the writ shall constitute Philippine Bar and of proven competence, integrity
contempt of court. and probity. He shall receive such reasonable
compensation as may be determined by the court
Section 9. Bond and its conditions. - The applicant which can be charged as cost of suit.
shall be required to post a cash bond, surety bond or
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Section 13. Search to be conducted in the presence and discretion, may use reasonable force to gain
of defendant, his representative, person in charge of entry to the premises or any part of the building or
the premises or witnesses. - The premises may not anything therein, to enforce the writ or to liberate
be searched except in the presence of the alleged himself or any person lawfully aiding him when
infringing defendant, expected adverse party or his unlawfully detained therein.
representative or the person in charge or in control of
the premises or residing or working m therein who Section 16. Seizure of computer disks other storage
shall be given the opportunity to read the writ before devices. - The seizure of a computer disk or any
its enforcement and seek its interpretation from the storage device may be executed in any of the
Commissioner. In the absence of the latter, two following manner:
persons of sufficient age and discretion residing in the
same locality shall be allowed to witness the search (a) by the physical taking thereof;
or in the absence of the latter, two persons of
sufficient age and discretion residing in the nearest
(b) by Copying its contents in a suitable
locality.
device or disk provided by the applicant; or
Section 14. Manner of search and seizure; duties of
(c) by printing out the Contents of the disk or
the sheriff. - Upon service of the writ in accordance
device with a the use of a printer.
with section 11 hereof, sheriff, under the supervision
of the Commissioner, shall search for the documents
and articles specified in the writ, and take them in his When the computer disks or storage devices cannot
custody subject to the control of the court. be readily removed from the computer to which they
are fitted, the sheriff may take the subject computer
from the custody of the alleged infringing defendant,
If the subject articles are not capable of manual
expected adverse party or person in charge or in
delivery, the sheriff shall attach to them a tag or label
control of the premises or residing or working therein.
stating the fact of seizure and warning all persons
from tampering with them.
Section 17. Sheriff's return. - The sheriff who
executed the writ shall, within three (3) days from its
The sheriff shall, in the presence of the applicant or
enforcement, make a verified return to the court which
his representative, and under the supervision of the
issued the writ. The return shall contain a full
Commissioner, prepare a detailed list of the seized
statement of the proceedings under the writ and a
documents and articles. He shall give an accurate
complete inventory of the documents and articles
copy of the same to the alleged infringing defendant,
searched, inspected or copied or seized and
expected adverse party, his agent or representative,
impounded, with copies served on the applicant, the
to the person in charge or in control of the premises
defendant or expected adverse party and the
or residing or working therein in whose presence the
Commissioner.
search and seizure were made. In the absence of the
person in charge or in control of the premises or
residing or working therein, the sheriff must, in the If not all of the documents and articles enumerated in
presence of at least two witnesses of sufficient age the order and writ were seized, the sheriff shall so
and discretion residing in the same locality, leave a report to the court and state is the reasons therefor.
copy of the receipt in the place in which he found the All objections of the defendant, expected adverse
seized property. Where no witnesses are available in party or person in charge of the premises on the
the same locality, the copy of the receipt shall be left manner and regularity of the service of the writ shall
by the sheriff in the presence of two witnesses be included by the sheriff in his return.
residing in the nearest locality. The applicant or his
representative and the Commissioner shall also be Section 18. Discharge of writ by the defendant or
given a copy of the receipt. expected adverse party. - Without waiting for return to
be filed by the sheriff, the defendant, expected
After the sheriff has taken possession of the adverse party or the party whose property has been
documents and articles, he shall deliver them to a searched, inspected, copied or seized may file a
bonded warehouse or government warehouse for motion with the court which issued the writ for its
safekeeping. The applicant or his representative shall discharge with prayer for the return of the documents
be allowed access to said materials for the purpose of and articles seized.
examining them.
The writ may be discharged on any of the following
The applicant shall be responsible for the necessary grounds:
expenses incurred ill the seizure and safekeeping of
the documents and articles in a bonded warehouse or (a) that the writ was improperly or irregularly
government warehouse. issued, or excessively enforced;

Section 15. Use of reasonable force to effect writ. - (b) that the bond is insufficient;
The sheriff, if refused admittance to the premises after
giving notice of his purpose and authority or in (c) that tile safeguards provided in the writ
absence of the alleged infringing defendant or have been violated by the applicant or the
expected adverse party, his agent or representative, sheriff; or
or person in charge or in control of the premises or
residing or working therein who is of sufficient age
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 (d) that the documents and articles seized are determine the expected adverse party's right to
not infringing copies or means for making the damages.
materials alleged to infringe the intellectual
property right of the applicant. A judgment in favor of the applicant in its principal
claim, should not necessarily bar the alleged
The writ may be discharged in a summary hearing by infringing defendant from recovering damages where
the court after notice to the applicant, the sheriff and he suffered losses by reason of the wrongful issuance
the Commissioner. or enforcement of the writ.

If the court finds that the bond is insufficient, it shall The damages provided for in this section shall be
order a. new bond to be filed by the applicant within a independent from the damages claimed by the
reasonable time. The discharge of the writ based on defendant in his counterclaim.
the insufficiency of the bond may only be made if the
applicant fails to post the new bond within the period Section 22. Judgment.  - If it appears after trial that the
fixed by the court. seized documents and articles are found to infringe the
intellectual property right of the applicant or that they
Section 19. Proceedings on return. - Five (5) days constitute the means for the production of infringing
after issuance of the writ, the issuing judge shall goods, the court shall order their destruction or donation
ascertain if the writ has not been served or the return to charitable, educational or religious institutions with the
has been made by the sheriff. If the writ was not prohibition against bringing the same into the channels
served or no return was made, it shall summon the of commerce. In the latter case, infringing trademarks or
trade names found on labels, tags and other portions of
sheriff and the applicant to whom the writ was issued
the infringing materials shall be removed or defaced
and require them to explain why the writ was not
before the donation. In no case shall the infringing
served or why no return has been filed as the case materials be returned to the defendant.
may be. If the return has been made, the judge shall,
after notice to the applicant, the alleged infringing
If the court finds no infringement, the seized materials
defendant or expected adverse party, the sheriff and
shall be immediately returned to the defendant.
the Commissioner, ascertain whether the provisions
of this Rule and applicable laws have been complied
Section 23. Direct filing, provisional docketing and
with.
deposit of prescribed filing fee.  - The Regional Trial
Courts specially designated to try violations of
Section 20. Failure to file complaint. - The writ shall intellectual property rights shall keep a distinct and
also. Upon motion of the expected adverse party, be separate logbook for writs of search and seizure. The
set aside and the seized documents and articles application for a writ of search and seizure filed directly
returned to the expected adverse party if no case is with the said courts shall be given a provisional docket
filed with the appropriate court or authority within number. The prescribed filing fee shall be deposited with
thirty-one (31) calendar days from the date of the branch clerk of court and properly receipted for and
issuance of the writ. transmitted to the Clerk of Court within twenty-four (24)
hours from issuance of the order granting or denying the
Section 21. Claim for damages. - Where the writ is application for said writ. If a formal complaint is filed
discharged on any of die grounds provided in this thereafter, the Clerk of Court may make a. reassessment
Rule, or where it is found after trial that there has of the filing fee.
been no infringement or threat of infringement of an
intellectual property right, the court. Upon motion of Section 24. Separate logbook. - In every court, there
the alleged infringing defendant or expected adverse shall be a logbook under the custody of the Clerk of
party and after due hearing, shall order the applicant Court wherein shall be docketed and entered within
twenty-four (24) hours after the issuance or denial of the
to compensate the defendant or expected adverse
writ of search and seizure, the filing of such application
party upon the cash bond, surety bond or other
and other particulars thereof. All the subsequent
equivalent security for any injury or damage the latter proceedings concerning the writ of search and seizure
suffered by the issuance and enforcement of the writ. shall be faithfully recorded in the separate logbook.
Should the damages exceed the amount of the bond,
the applicant shall be liable for the payment of the
Section 25. Effect of violation.  - A violation of any of the
excess.
terms and conditions of the order and the writ of search
and seizure or any provision of this Rule shall constitute
When a complaint is already filed in court, the motion contempt of court.
shall be filed with the same court during the trial or
before appeal is perfected or before judgment Section 26. Writ not a bar to other measures.  - The
becomes executory, with due notice to the applicant, availment of the writ of search and seizure under this
setting forth the facts showing the defendant's right to Rule shall not prevent the applicant from resorting to
damage's and the amount thereof. The award of other provisional measures or remedies provided in
damages shall be included in the judgment in the existing laws and procedural rules.
main case.
Section 27. Effectivity. - This Rule shall take effect on
Where no complaint is filed against the expected February 15, 2002 after its publication in two (2)
adverse party, the motion shall be filed with the court newspapers of general circulation not later than January
which issued the writ. In such a case, the court shall 30, 2002.
set the motion for summary hearing and immediately

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