IP, December 01, 1998
RULES AND REGULATIONS ON ADMINISTRATIVE COMPLAINTS FOR VIOLATION OF LAWS INVOLVING INTELLECTUAL PROPERTY RIGHTS
industrial property system is vital to the development of domestic
creativity, facilitates transfer of technology, attracts foreign
investments and ensures market access for our products;
Whereas, the State recognizes that the use of intellectual property
bears a social function and to this end, the State shall promote the
diffusion of knowledge and information for the promotion of national
development and progress and the common good;
Whereas, it is the policy of the State to enhance the enforcement of
intellectual property rights in the country; and, to protect and secure
the exclusive rights of scientists, inventors, artists and other gifted
citizens to their intellectual property and creations, particularly
when beneficial to the people;
Whereas, it is the policy of the State to enhance the enforcement of intellectual property rights in the Philippines;
Now, therefore, pursuant to the provisions of Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the Philippines,
the following rules and regulations on administrative complaints for
violation of laws involving intellectual property rights are hereby
promulgated:
RULE 1
DEFINITIONS, INTERPRETATION; RULES OF COURT
Section 1. Definition of Terms. — Unless otherwise indicated, the following terms shall be understood as follows:
(a) “Answer” means a pleading in which the adverse party sets forth the negative and affirmative defenses upon which he relies;
(b) “Bureau” means the Bureau of Legal Affairs of the Intellectual Property Office;
(c) “Chief Hearing Officer” means the
officer within the Bureau who exercises immediate supervision over any
Hearing Officer. His title or official designation may differ from the
words “Chief Hearing Officer” depending on the structure of the Office;(d) “Complaint” means a concise
statement of the ultimate facts constituting the complainant’s cause or
causes of action. It shall specify the relief sought, but it may add a
general prayer for such further or other relief as may be just and
equitable;(e) “Court” means a court of general jurisdiction such as Regional Trial Court;
(f) “Director General” means the head of the Intellectual Property Office;
(g) “Director” means the Director of the Bureau of Legal Affairs;
(h) “False Designation of Origin” means
the act of any person who, on or in connection with any goods or
services, or any container for goods, uses in commerce any word, term,
name, symbol, or device, or any combination thereof, or any false
designation of origin, false or misleading description of fact, or false
or misleading representation of fact, which: (a) Is likely to cause
confusion, or to cause mistake, or to deceive as to the affiliation,
connection, or association of such person with another person, or as to
the origin, sponsorship, or approval of his or her goods, services, or
commercial activities by another person; or (b) In commercial
advertising or promotion, misrepresents the nature, characteristics,
qualities, or geographic origin of his or her or another person’s goods,
services or commercial activities, shall be liable to a civil action
for damages and injunction provided in Sections 156 and 157 of the IP
Code by any person who believes that he or she is likely to be damaged
by such act. (Sec. 169, RA 8293)(i) “False or Fraudulent Declaration”
means the act of any person who shall procure registration in the Office
of a mark by a false or fraudulent declaration or representation,
whether oral or writing, or by any false means.(j) “Hearing Officer” means the officer
within the Bureau authorized to exercise the functions of “Hearing
Officer” in these Regulations. The title or official designation of such
officers may differ from the words “Hearing Officer” depending on the
structure of the Office;(k) “Infringement of Copyright and related rights”
means any violation of the rights provided under Part IV of the IP Code
and/or the applicable IP Law, including the act of any person who at
the time when copyright subsists in a work has in his possession an
article which he knows, or ought to know, to be an infringing copy of
the work for the purpose of: (a) selling, letting for hire, or by
way of trade offering or exposing for sale, or hire, the article; (b)
distributing the article for purpose of trade, or for any other purpose
to an extent that will prejudice the rights of the copyright owner in
the work; or (c) Trade exhibit of the article in public.(l) “Infringement of Patent” means any
violation of any of the rights of patentees and holders of utility model
patents and industrial design registrations under Part II of the IP
Code and/or the applicable IP Law, including the act of making, using,
offering for sale, selling, or importing a patented product or a product
obtained directly or indirectly from a patented process, or the use of a
patented process without the authorization of the patentee.(m) “Infringement of mark” means any
violation of any of the rights of the registered owner under Part III of
the IP Code and/or the applicable IP Law, including the act of any
person who shall, without the consent of the owner of the registered
mark and regardless of whether there is actual sale of goods or services
using the infringing material,
1. Use in commerce any reproduction, counterfeit, copy, or
colorable imitation of a registered mark or the same container or a
dominant feature thereof in connection with the sale, offering for sale,
distribution, advertising of any goods or services including other
preparatory steps necessary to carry out the sale of any goods or
services on or in connection with which such use is likely to cause
confusion, or to cause mistake, or to deceive; or
2. Reproduce, counterfeit, copy or colorably imitate a
registered mark or a dominant feature thereof and apply such
reproduction, counterfeit, copy or colorable imitation to labels, signs,
prints, packages, wrappers, receptacles or advertisements intended to
be used in commerce upon or in connection with the sale, offering for
sale, distribution, or advertising of goods or services on or in
connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive;
(n) “Intellectual property rights” include:
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a) Copyright and Related Rights; |
e) Patents; |
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b) Trademarks and Service Marks; |
f) Layout-Designs (Topographies) of Integrated Circuits; and |
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c) Geographic Indications; |
g) Undisclosed Information |
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d) Industrial Designs; |
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(o) “IP Code” means Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines;
(p) “IP Law” means any law, in addition to the IP Code, involving intellectual property rights;
(q) “Office” means the Intellectual Property Office;
(r) “Regulations” means this set of
rules and regulations and such Regulations as may be formulated by the
Director of Legal Affairs and approved by the Director General.(s) “Unfair Competition” means the act
of any person who shall employ deception or any other means contrary to
good faith by which he shall pass off the goods manufactured by him or
in which he deals, or his business, or services for those of the one
having established such goodwill, or who shall commit any acts
calculated to produce said result.
The following shall likewise constitute unfair competition:
> The act of selling ones goods and giving them the general
appearance of goods of another manufacturer or dealer, either as to the
goods themselves or in the wrapping of the packages in which they are
contained, or the devices or words thereon, or in any other feature of
their appearance, which would be likely to influence purchasers to
believe that the goods offered are those of a manufacturer or dealer, or
the act of clothing the goods with such appearance as shall deceive the
public and defraud another of his legitimate trade, or the act of
reselling the goods by any subsequent vendor with a like purpose.> The act of employing any other means, by artifice or device,
calculated to induce the false belief that a person is offering the
services of another who has identified such services in the mind of the
public.> The act of making any false statement in the course of trade
or any act contrary to good faith of a nature calculated to discredit
the goods, business or services of another. (Section 168, IP CODE)(t) “Violation of laws involving intellectual property rights mentioned in Rule 2 Section 2” means violation of any law relating to the intellectual property rights enumerated under Section 4 of IP CODE.
Section 2. Interpretation. — These
Regulations shall be liberally construed to carry out the objectives of
the IP Code and IP Laws and to assist the parties in obtaining just and
expeditious settlement or disposition of administrative cases filed
before the Office.
Section 3. Suppletory application of the Rules of Court
. – These Regulations shall primarily govern in the prosecution of
administrative complaints in the Bureau. The provisions of the Rules of
Court, however, shall apply in a suppletory character.
RULE 2
COMMENCEMENT OF ACTION
Section 1. Complaint, when and to whom filed.
— All administrative complaints for violation of the IP Code or IP Laws
shall be commenced by filing a verified complaint with the Bureau
within four (4) years from the date of commission of the violation, or
if the date be unknown, from the date of discovery of the violation. The
verification portion of the complaint shall include a statement that to
the best of his knowledge, the party commencing the action has not
filed any other administrative action or proceeding involving the same
issue or issues before any tribunal or agency nor such action or
proceeding is pending in other quasi-judicial bodies; Provided, however,
that if any such action is pending, the status of the same must be
stated and should knowledge thereof be acquired after the filing of the
complaint, the party concerned undertakes to notify the Office within
five (5) days from such knowledge.
The complaint shall thereafter be forwarded to the Hearing Officer
who shall act as the Clerk of Court for all the proceedings to be
conducted therein.
Section 2. Original Jurisdiction . — (a) The
Bureau shall have original jurisdiction in administrative actions for
violations of laws involving intellectual property rights where the
total damages claimed are not less than two hundred thousand pesos (P
200,000.00); Provided however, that availment of the provisional
remedies may be granted in accordance with these Regulations and the
provisions of the Rules of Court; The Director shall coordinate with
local enforcement agencies for the strict and effective implementation
and enforcement of these Regulations.
The commencement of the action under these Rules and Regulations is
independent and without prejudice to the filing of any action with the
regular courts.
Section 3. Venue of Hearings . — All hearings
on actions covered by these regulations shall be held within the
premises of the Office. However, upon written request and payment of the
required fee, the Director may authorize that the Mediation Conference
or any session thereof be held outside the premises of the Office
provided that the same is necessary and will enhance the proceedings and
the other party, if the request was made by only one party, agrees
thereto. The parties shall not unreasonably withhold their consent to
such request. The total cost to hold the Mediation Conference or any
session thereof outside the premises of the Office, including air
transportation, accommodation and per diem, shall be borne by the party
requesting; and, if the request was made by all parties, the total cost
shall be shared by them equally or in such other proportion as they may
state in their request.
Section 4. Formal Requirement. — The
Complaint shall be typewritten and addressed to the Bureau, and shall
contain the names and residences of the parties and a concise statement
of the ultimate facts constituting the complainant’s cause or causes of
action. It shall specify the relief/s sought, but it may add a general
prayer for such further or other relief/s as may be deemed just or
equitable. Every pleading filed shall likewise contain a caption setting
forth the name of the Office, the title of the case, the case number,
and the designation of the pleading.
No pleading shall be accepted by the Office unless it conforms to
the formal requirements provided by these Regulations and accompanied by
the required filing fee.
Section 5. Partners, named individually . —
When two or more persons associated in any business, transact such
business under a common name, the associates may be sued under such
common name.
The associates of the business who are sued under a common name may
be named individually in the Answer filed by them or on their behalf
with their respective postal addresses.
Section 6. Payment of Filing Fee. — The complaint shall be filed in triplicate with the Bureau upon payment of the required fee as assessed by the Bureau.
Section 7. Representation and Confidentiality of Records. —
(a) The complaint may be prosecuted by the complainant by himself
or through counsel. The complainant and his counsel are required to
conduct their business with politeness, decorum and courtesy.(b) It is strictly and absolutely forbidden for the Director,
and other employees of the Office to discuss the case or any phase
thereof with either counsel of record in the absence of the other or
with any third person not having any interest or legal standing before
the Bureau.
Section 8. Summons. —
(a) Within three (3) days from receipt of the complaint, the Staff
Clerk shall prepare and the Process server serve, the summons or Notice
to Answer together with a copy of the complaint to the Respondent by
mail or by personal service. If the service is done through registered
mail, the return card shall be attached to the documents as evidence of
receipt.(b) If service cannot be made under the preceding paragraph, the
office and place of residence of the party being unknown, service may
be made by publication at the expense of the complainant. When a party
summoned by publication failed to appear in the action, final orders or
judgments against him shall be served upon him also by publication at
the expense of the prevailing party.
Section 9. Answer. — The summons shall
require respondent to answer the complaint within ten (10) days from
receipt thereof. The Respondent shall answer the complaint in writing,
either by specifically denying the material allegations of the complaint
or alleging any affirmative defense.
If the respondent fails to answer within the time allowed therefor,
the Hearing Officer motu proprio or upon motion of the complainant with
notice to the respondent, and proof of such failure, declare the
respondent in default. Thereupon, the Hearing Officer shall proceed to
render judgment granting the complainant such relief as his pleading may
warrant, unless the Hearing Officer in his discretion requires the
complainant to submit evidence. All such decisions or orders shall
comply with Rule 11 of these Regulations.
Section 10. Pre-trial . — Upon joinder of
issues, the pre-trial conference shall be set immediately by the Hearing
Officer. The notice of said pre-trial shall be delivered by the Process
Server within two (2) days from receipt of the Answer or other
pleadings. The notice of pre-trial shall require the parties to submit a
pre-trial brief containing the following:
(a) A brief statement of the parties’ claims and defenses.
(b) Suggestions, if any, for simplification of issues.
(c) A list of documents they intend to produce as
evidence, together with appropriate markings as exhibits as well as the
identification of witnesses and a statement of the substance and purpose
of their testimony during the hearing on the merits. The originals of
these documents must be produced for comparison during the pre-trial
conference without prejudice to the presentation of additional documents
during the trial if the party was prevented from producing the same
during the pre-trial on account of fraud, accident, mistake, excusable
negligence or such other reason which the Director or Hearing Officer
deems justifiable in the interest of justice and fair play.(d) A statement whether they can stipulate on facts not
covered by admissions in their pleadings. If so, they should come with
drafts of matters they are ready to stipulate on.(e) A statement whether they are open to the possibility
of an amicable settlement; if so, they should be prepared on the
pre-trial date to submit their minimum demands for purposes of
settlement.(f) Such other matters as may aid in the prompt disposition of the action.
Each party shall file with the Bureau of Legal Affairs and serve on
the adverse party said pre-trial briefs at least three (3) days before
the date of pre-trial conference fixed in the notice.
As counsel needs the consent of his client for purposes of accepting
an offer of compromise, the attendance not only of the attorneys of
record but also of the parties themselves, is required for the pre-trial
conference herein scheduled. Presence of the parties themselves may be
dispensed with if their counsel is provided with power of attorney or
the appropriate corporate authorization to make admissions and/or to
accept and approve compromise proposals.
Section 11. Notice of Pre-Trial. — The notice of
Pre-Trial shall be served on counsel, or on the party who has no
counsel. The counsel served with such notice is charged with the duty of
notifying the party represented by him.
Section 12. Appearance of parties. — It shall be
the duty of the parties and their counsel to appear at the pre-trial.
The non-appearance of a party may be excused only if a valid cause is
shown therefor or if a representative shall appear in his behalf fully
authorized in writing to enter into an amicable settlement, to submit to
alternative modes of dispute resolution, and to enter into stipulations
or admissions of facts and of documents.
Section 13. Effect of failure to file Pre-Trial Brief or to appear.
— The failure of the complainant to submit the Pre-Trial Brief within
the prescribed period or to appear at the pre-trial pursuant to these
Regulations shall be cause for dismissal of the action with prejudice
motu proprio or upon motion. A similar failure on the part of the
respondent shall be cause to declare Respondent as in default motu
proprio or upon motion and to allow the complainant to present his
evidence ex parte and the office to render judgment on the basis
thereof.
Section 14. Record of Pre-Trial Results . —
After the Pre-Trial, the Hearing Officer shall make an Order which
recites the action taken at the conference, the amendments allowed to
the pleadings, and the agreements made by the parties as to any of the
matters considered. Such order shall limit the issues for trial to those
not disposed of by admissions or agreements of counsel and when
entered, controls the subsequent course of the action, unless modified
before trial to prevent manifest injustice.
Section 15. Pre-Trial Calendar . — The Hearing
Officer shall cause to be prepared a pre-trial calendar of cases for
consideration as above provided. After preparing Notice of Pre-Trial, it
shall be the duty of the designated clerk of the Bureau to place such
case in the pre-trial calendar.
RULE 3
POWERS OF HEARING OFFICERS
Section 1. Powers of Hearing Officers . –
(a) A Hearing Officer conducting the hearing and investigations
shall be empowered to administer oaths and affirmations, issue subpoena
and subpoena duces tecum to compel attendance of parties and witnesses
and the production of any book, paper, document, correspondence and
other records which are material to the case, to grant provisional
remedies in accordance with these Regulations and the Rules of Court and
to make preliminary rulings on questions raised at the hearings, with
the ultimate decision on the merits of all the issues involved being
left to the Director.(b) Furthermore, a Hearing Officer as alter ego of the
Director, shall have the power to cite a party or counsel or any person
in contempt in accordance with these Regulations.(c) The Hearing Officer shall likewise have the power to
pass upon and approve bonds and counterbonds that may be posted by the
parties; Provided, that the bond or counterbonds are issued by a bonding
company duly approved by the Director.
Section 2. Service of Subpoena. — Service of
Subpoena shall be made at least three (3) calendar days before the
scheduled hearing so as to allow the witness reasonable time for
preparation and travel to the place of attendance.
Section 3. Quashing a subpoena duces tecum . —
The Hearing Officer, upon motion made before the time specified in a
subpoena duces tecum for compliance therewith, may quash the subpoena if
it is unreasonable or the relevance of the books, documents do not
appear, or if the person in whose behalf the subpoena is issued fails to
advance the reasonable cost of the production thereof.
RULE 4
PRELIMINARY ATTACHMENT
Section 1. Grounds upon which attachment may issue
. — At the commencement of the action or at any time before entry of
judgment, a complainant or any proper party may have the property of the
adverse party attached as security for the satisfaction of any judgment
that may be recovered in the following cases:
a.) In an action against a party who has been guilty of
fraud in procuring the registration of a mark in the Office by false or
fraudulent declaration or representation, whether oral or in writing, or
by any false means;b.) In an action against a party who has employed
deception or any other means contrary to good faith by which he shall
pass off the goods manufactured by him or in which he deals or his
business or services for those of the one having established such
goodwill, or who shall commit any act calculated to produce said result
whether or not a mark is involved;c.) In an action against a party who does not reside and
is not found in the Philippines, or on whom summons may be served by
publication;d.) In an action for the recovery of a specified amount
of money or damages on a cause of action arising from a violation of the
IP Code against a party who is about to depart from the Philippines
with intent to evade the execution of judgment; ore.) In an action against a party who has removed or
disposed of his property, or is about to do so, with intent to defraud
the party aggrieved.
Section 2. Issuance and contents of order. —
An order of attachment may be issued either ex parte or upon motion with
notice and hearing conducted by the Hearing Officer. The Hearing
Officer shall determine whether the attachment sought is meritorious or
not. Should an Order of Attachment be issued by the Hearing Officer, he
shall sign and forward the Order to the Director who shall direct,
without delay, the officer or such other designated employee of the
Bureau to attach so much of the property in the Philippines of the party
against whom it is issued, not exempt from execution, as may be
sufficient to satisfy the applicant’s demand, unless such party makes
deposit or gives a bond as hereinafter provided in an amount equal to
that fixed in the order, which may be the amount sufficient to satisfy
the applicant’s demand or the value of the property to be attached as
stated by the applicant, exclusive of costs.
Section 3. Affidavit and bond required . — An
order of attachment shall be granted only when it appears by the
affidavit of the applicant, or of some other person who personally knows
the facts, that a sufficient cause of action exists, that the case is
one of those mentioned in Section 1 hereof, that there is no other
sufficient security for the claim sought to be enforced by the action,
and that the amount due to the applicant, or the value of the property
the possession of which he is entitled to recover, is as much as the sum
for which the order is granted above all legal counterclaims. The
affidavit and the bond must be duly filed with the Hearing Officer and
forwarded to the Office of the Director before the order issues.
Section 4. Condition of applicant’s bond . —
The party applying for the order must give a bond executed to the
adverse party in the amount fixed by the Hearing Officer in his order
granting the issuance of the writ, conditioned that the applicant will
pay all the costs which may be adjudged to the adverse party and all
damages which he may sustain by reason of the attachment, if the Hearing
Officer shall finally adjudge that the applicant was not entitled
thereto.
Section 5. Manner of attaching property. —
The officer enforcing the writ shall, without delay and with all
reasonable diligence, attach, to await judgment and execution in the
action, only so much of the property in the Philippines of the party
against whom the writ is issued, not exempt from execution, as may be
sufficient to satisfy the applicant’s demand, unless the former makes a
deposit with the Office of the Director from which the writ is issued,
or gives a counterbond executed to the applicant, in an mount equal to
the bond fixed by the Hearing Officer in the order of attachment or to
the value of the property to be attached, exclusive of costs. No levy on
attachment pursuant to the writ shall be enforced unless it is
preceded, or contemporaneously accompanied by service of summons,
together with a copy of the complaint, the application for attachment,
the applicant’s affidavit and bond, and the order and writ of attachment
on the defendant within the Philippines.
The requirement of prior or contemporaneous service of summons shall
not apply where the summons could not be served personally or by
substituted service despite diligent efforts, or the defendant is a
resident of the Philippines temporarily absent therefrom, or the
defendant is a non-resident of the Philippines.
Section 6. Return . —
(a) After enforcing the writ, the officer must likewise, without
delay, make a return thereon to the Hearing Officer from whom the writ
issued, with a full statement of his proceedings under the writ and a
complete inventory of the property attached, together with any
counterbond given by the party against whom attachment is issued, and
serve copies thereof on the applicant.(b) The officer shall submit a report to the responsible
officer of the Bureau on the action taken on all writs and processes
assigned to them within twenty (20) days from receipt of said process or
writ. Said report shall form part of the records of the case.(c) At the end of every month, said responsible officer
shall submit a report to the Director indicating therein the number of
writs and processes issued and served, as well as the number of writs
and processes unserved during the month and the names of the Sheriffs
who executed each writ. Unserved writs and processes shall be explained
in the report.
Section 7. What may be the subject of Attachment and the manner of executing the same . — The following properties may be the subject of attachment:
a.) Real Properties. — Real properties, or the
machineries that may be found inside the premises belonging to the party
against whom the writ is issued, or any interest therein, by filing
with the Registry of Deeds a copy of the order, together with a
description of the property attached, and a notice that it is attached,
and by leaving a copy of such order, description, and notice with the
occupant of the property, if any, or with such other person or his agent
if found within the city or province where the property is located. The
Registrar of Deeds must index attachments filed under this section in
the name of the applicant, the adverse party, or the person by whom the
property is held or in whose name it stands in the records. If the
attachment is not claimed on the entire area of the land covered by the
certificate of title, a description sufficiently accurate for the
identification of the land or interest to be affected shall be included
in the registration of such attachment.b.) Personal properties. — Those personal properties
capable of manual delivery, by taking and safely keeping it in officer’s
custody, after issuing the corresponding receipt therefor.c.) Stocks or shares, or an interest in stocks or shares,
of any corporation or company, by leaving with the president or
managing agent thereof, a copy of the writ, and a notice stating that
the stock or interest of the party against whom the attachment is issued
is attached in pursuance of such writ.
Section 8. When attached property may be sold after levy on attachment and before entry of judgment
. — Whenever it shall be made to appear to the Hearing Officer, upon
hearing with notice to both parties, that the property attached is
perishable, or that the interests of all the parties to the action will
be subserved by the sale thereof, the Hearing Officer may order such
property to be sold at public auction in such manner as he may direct,
and the proceeds of such sale to be deposited in the Office of the
Director to await the judgment in the action.
Section 9. Discharge of attachment upon giving counterbond
. — After a writ if attachment has been enforced, the party whose
property has been attached, or the person appearing on his behalf, may
move for the discharge of the attachment wholly or in part on the
security given. The Hearing Officer shall, after due notice and hearing,
order the discharge of the attachment if the movant makes a cash
deposit, or files a counterbond executed to the attaching party with the
Office of the Director in an amount equal to that fixed by the Hearing
Officer in the order of attachment, exclusive of costs. But if the
attachment is sought to be discharged with respect to a particular
property, the counterbond shall be equal to the value of that property
as determined by the Hearing Officer. In either case, the cash deposit
or the counterbond shall secure the payment of any judgment that the
attaching party may recover in the action. A notice of the deposit shall
forthwith be served on the attaching party. Upon the discharge of an
attachment in accordance with the provisions of this section, the
property attached, or the proceeds of any sale thereof, shall be
delivered to the party making the deposit or giving the counterbond, or
to the person appearing on his behalf, the deposit or counterbond
aforesaid standing in place of the property so released. Should such
counterbond for any reason be found to be or become insufficient, and
the party furnishing the same fail to file an additional counterbond,
the attaching party may apply for a new order of attachment.
Section 10. Discharge of attachment on other grounds
. — The party whose property has been ordered attached may file a
motion with the Hearing Officer to whom the case is pending, before or
after levy or even after the release of the attached property, for an
order to set aside or discharge the attachment on the ground that the
same was improperly or irregularly issued or enforced, or that the bond
is insufficient. If the attachment is excessive, the discharge shall be
limited to the excess. If the motion be made on affidavits on the part
of the movant but not otherwise, the attaching party may oppose the
motion by counter-affidavits or other evidence in addition to that on
which the attachment was made. After due notice and hearing, the Hearing
Officer shall order the setting aside or the corresponding discharge of
the attachment if it appears that it was improperly or irregularly
issued or enforced, or that the bond is insufficient, or that the
attachment is excessive, and the defect is not cured forthwith.
Section 11. When the property attached is claimed by third person.
— If the property attached is claimed by a person not a party to the
proceeding, and such person makes an affidavit of his title thereto, or
right to the possession thereof, and serves such affidavit upon the
sheriff and a copy thereof upon the attaching party, the sheriff shall
not be bound to keep the property under attachment unless the attaching
party or his agent, on demand of the sheriff shall file a bond approved
by the Hearing Officer to indemnify the third party claimant in a sum
not less than the value of the property levied upon. In case of
disagreement as to such value, the same shall be decided by the
Director. No claim for damages for the taking or keeping of the property
may be enforced against the bond unless the action therefor is filed
within sixty (60) days from the date of the filing of the bond.
The sheriff shall not be liable for damages for the taking or
keeping of such property, to any such third party claimant, if such bond
shall be filed. Nothing herein contained shall prevent such claimant or
any third person from vindicating his claim to the property, or prevent
the attaching party from claiming damages against a third party
claimant who filed a frivolous or plainly spurious claim, in the same or
a separate action.
Section 12. Satisfaction of judgment out of property attached; return of sheriff .
— If judgment be recovered by the attaching party and execution issue
thereon, the sheriff may cause the judgment to be satisfied out of the
property attached, if it be sufficient for that purpose in the following
manner:
a.) By paying to the judgment obligee the proceeds of all
sales of perishable or other property sold in pursuance of the order of
the court, or so much as shall be necessary to satisfy the judgment;b.) If any balance remains due, by selling so much of the
property, real or personal, as may be necessary to satisfy the balance,
if enough for that purpose remain in the sheriff’s hands, or in those
of the Office of the Director.
Section 13. Balance due collected upon an execution; excess delivered to judgment obligor
. — If after realizing upon all the property attached, and applying the
proceeds to the satisfaction of the judgment, less the expenses of
proceedings upon the judgment, any balance shall remain due, the sheriff
must proceed to collect such balance as upon ordinary execution.
Whenever the judgment shall have been paid, the sheriff, upon reasonable
demand, must return to the judgment obligor the attached property
remaining in his hands, and any proceeds of the sale of the property
attached not applied to the judgment.
Section 14. Recovery upon the counterbond. —
When the judgment has become executory, the surety or sureties on any
counterbond given pursuant to the provisions of this Rule to secure the
payment of the judgment shall become charged on such counterbond and
bound to pay the judgment obligee upon demand the amount due under the
judgment, which amount may be recovered from such surety or sureties
after notice and summary hearing in the same action.
Section 15. Disposition of attached property where judgment is for party against whom attachment was issued. —
If judgment be rendered against the attaching party, all the proceeds
of sales and money collected or received by the sheriff, under the order
of attachment and all property attached remaining in such officer’s
hands, shall be delivered to the party against whom attachment was
issued, and the order of attachment discharged.
Section 16. Claim for damages on account of improper, irregular or excessive attachment
. — An application for damages on account of improper, irregular or
excessive attachment must be filed with the Director before the trial or
before appeal is perfected or before the judgment becomes executory,
with due notice to the attaching party and his surety or sureties,
setting forth the facts showing his right to damages and the amount
thereof. Such damages may be awarded only after proper hearing and shall
be included in the judgment on the main case.
If, on appeal, the judgment of the Director-General be favorable to
the party against whom the attachment was issued, the latter may claim
damages sustained during the pendency of the appeal by filing an
application in the Office of the Director-General, with notice to the
party in whose favor the attachment was issued or his surety or
sureties, before the judgment of the Director-General becomes executory.
The Director-General may reward the application to the Bureau for
hearing and decision.
Nothing herein contained shall prevent the party against whom the
attachment was issued from recovering in the same action the damages
awarded to him from any property of the attaching party not exempt from
execution should the bond or deposit given by the latter be insufficient
or fail to fully satisfy the award.
RULE 5
PRELIMINARY INJUNCTION
Section 1. Preliminary injunction defined; who may grant. –
(a) A preliminary injunction is an order granted at any stage of
an action or proceeding prior to the judgment or final order, requiring a
party to an administrative case or any third person to refrain from a
particular act or acts. It may also require the performance of a
particular act or acts, in which case it shall be known as a preliminary
mandatory injunction.(b.) A preliminary injunction may be granted by the
Hearing Officer who is handling or hearing the case but no such power
can be exercised as against concurrent court or other Office which have
already acquired jurisdiction over the subject matter.
Section 2. Grounds for issuance of preliminary injunction. — A preliminary injunction may be granted when it is established:
(a.) That the applicant is entitled to the relief
demanded, and the whole or part of such relief consists in restraining
the commission or continuance of the act or acts complained of, or in
requiring the performance of an act or acts, either for a limited period
or perpetually;(b.) That the commission, continuance or non-performance
of the act or acts complained of during the litigation would probably
work injustice to the applicant; or(c.) That a party or any person is doing, threatening, or
is attempting to do, or is procuring or suffering to be done, some act
or acts probably in violation of the rights of the applicant respecting
the subject of the action or proceeding and tending to render the
judgment ineffectual.
Section 3. Verified application and bond for preliminary injunction or temporary restraining order. — A preliminary or temporary restraining order may be granted only when:
(a) The application in the action or proceeding is
verified and shows facts entitling the applicant to the relief demanded;(b) Unless exempted by the Bureau, the applicant files
with the Bureau a bond executed to the party or person enjoined in an
amount to be fixed by the Hearing Officer, to the effect that the
applicant will pay to such party or person all damages which he may
sustain by reason of the injunction or temporary restraining order if
the Hearing Officer should finally decide that the applicant was not
entitled thereto. Upon approval of the requisite bond, a writ of
preliminary injunction shall be issued;(c) When an application for a writ of preliminary
injunction or a temporary restraining order is included in a complaint
or any initiatory pleading, the case shall be raffled only after notice
to and in the presence of the adverse party or the person to be
enjoined. In any event, such notice shall be preceded, or
contemporaneously accompanied by service of summons, together with a
copy of the complaint or initiatory pleading and the applicant’s
affidavit and bond upon the adverse party in the Philippines. However,
where the summons could not be served personally or by substituted
service despite diligent efforts, or the adverse party is a resident of
the Philippines temporarily absent therefrom or is a nonresident
thereof, the requirement of prior or contemporaneous service of summons
shall not apply.(d) The application for a temporary restraining order
shall thereafter be acted upon only after all the parties are heard in a
summary hearing which shall be conducted within twenty-four (24) hours
after the sheriff’s return of service and/or the records are received by
the Hearing Officer to whom the case was raffled and to whom the
records shall be transmitted immediately.
Section 4. Preliminary injunction not granted without notice; exception.
— No preliminary injunction shall be granted without hearing and prior
notice to the party or person sought to be enjoined. Should the petition
be granted after compliance with the requirement of due process, the
Hearing Officer shall issue an Order enjoining the party against whom it
is issued from further committing acts detrimental or injurious to the
applicant effective for such period of time as may be determined by the
Hearing Officer with the concurrence of the Director without prejudice
to the filing of counterbonds as provided in subsequent sections.
Section 5. Grounds for objection to, or for motion of dissolution of, injunction or restraining order.
— The application for injunction or restraining order may be denied,
upon showing of its insufficiency. The injunction or restraining order
may also be denied, or if granted, may be dissolved, on other grounds
upon affidavits of the party or person enjoined, which may be opposed by
the applicant also by affidavits. It may further be denied, or, if
granted, may be dissolved, if it appears after hearing that although the
applicant is entitled to the injunction or restraining order, the
issuance or continuance thereof, as the case may be, would cause
irreparable damage to the party or person enjoined while the applicant
can be fully compensated for such damages as he may suffer, and the
former files a bond in an amount fixed by the Hearing Officer
conditioned that he will pay all damages which the applicant may suffer
by the denial or the dissolution of the injunction or restraining order.
If it appears that the extent of the preliminary injunction or
restraining order granted is too great, it may be modified.
Section 6. Service of copies of bonds; effect of disapproval of same.
— The party filing a bond in accordance with the provisions of this
Rule shall forthwith serve a copy of such bond on the other party, who
may except to the sufficiency of the bond, or of the surety or sureties
thereon. If the applicant’s bond is found to be insufficient in amount,
or if the surety or sureties thereon fail to justify, and a bond
sufficient in amount with sufficient sureties approved after
justification is not filed forthwith, the injunction shall be dissolved.
If the bond of the adverse party is found to be insufficient in amount,
or the surety or sureties thereon fail to justify a bond sufficient in
amount with sufficient sureties approved after justification is not
filed forthwith, the injunction shall be granted or restored, as the
case may be.
Section 7. When final injunction granted. —
If after the trial of the action it appears that the applicant is
entitled to have the act or acts complained of permanently enjoined, the
Hearing Officer shall grant a final injunction perpetually restraining
the party or person enjoined from the commission or continuance of the
act or acts or confirming the preliminary mandatory injunction.
RULE 6
CONTEMPT
Section 1. Direct Contempt Punished Summarily
. — A person guilty of misbehavior in the presence of or so near the
Director or Hearing Officer as to obstruct or interrupt the proceedings
before him, including disrespect toward the Director or Hearing Officer,
offensive personalities toward others, or refusal to be sworn to or
answer as a witness, or to subscribe an affidavit or deposition when
lawfully required to do so, may be summarily adjudged in contempt by the
Director or Hearing Officer and punished by fine not exceeding Two
Thousand Five Hundred Pesos (P2,500.00) or imprisonment not exceeding
ten (10) days, or both.
Section 2. Indirect Contempt to be Punished After Charge and Hearing
. — After a charge in writing has been filed, and an opportunity given
to the respondent to be heard by himself or counsel, a person guilty of
any of the following acts may be punished for contempt:
(a) Disobedience of or resistance to a lawful writ,
process, order, judgment, or command of the Hearing Officer, or
injunction granted by him;(b) Any abuse of or unlawful interference with the
process or proceedings of the Bureau, not constituting direct contempt
under section 1 of this rule;(c) Any improper conduct tending, directly or indirectly,
to impede, obstruct, or degrade the administration of justice or the
performance of the Bureau’s proper function;(d) Failure to obey a subpoena duly served.
But nothing in this section shall be so construed as to prevent the
Hearing Officer from issuing process to bring the respondent party into
or before the Office, or from holding him in custody pending such
proceedings.
Section 3. Hearing; Release on Bail. — If the
hearing is not ordered to be had forthwith, the respondent may be
released from custody upon filing a bond, in an amount fixed by the
Director or Hearing Officer, for his appearance to answer the charge.
Upon the day set for the hearing, the Director or Hearing Officer shall
proceed to investigate the charge and consider such answer or testimony
as the respondent may make or offer.
Section 4. Punishment if Found Guilty . — If
the respondent is thereupon adjudged guilty of contempt committed
against the Director or Hearing Officer, he may be punished by a fine
not exceeding Ten Thousand Pesos (P10,000.00) or imprisonment of not
more than five (5) years, or both, and if the contempt consists in the
violation of an injunction, he may also be ordered to make a complete
restitution to the party injured by such violation.
Section 5. Imprisonment Until Order Obeyed. —
When the contempt consists in the omission to do an act which is yet in
the power of the respondent to perform, he may be imprisoned by order
of the Hearing Officer until he performs it.
Section 6. Proceedings When Party Released on Bail Fails to Answer
. — When a respondent released on bail fails to appear on the date
fixed for the hearing, the Hearing Officer may issue another order of
arrest or may order the bond for his appearance to be prosecuted, or
both; and, if the bond be prosecuted, the measure of damages shall be
the extent of the loss or injury sustained by the aggrieved party by
reason of the misconduct for which the contempt was prosecuted, and the
costs of the proceedings, and such recovery shall be for the benefit of
the party injured. But if there is no aggrieved party, the bond shall be
liable as in criminal cases.
Section 7. Hearing Officer May Release Respondent
. — The Director or the Hearing Officer may discharge from imprisonment
a person imprisoned for contempt when it appears that public interest
will not suffer thereby.
Section 8. Review of Judgment or Order by the Director
. — The judgment or order of the Hearing Officer made in a case of
contempt punished after written charge and hearing may be reviewed by
the Director, but execution of the judgment or order shall not be
suspended until a bond is filed by the person in contempt, in an amount
fixed by the Hearing Officer conditioned that if the appeal be decided
against him he will abide by and perform the judgment or order.
RULE 7
CALENDAR AND ADJOURNMENTS
Section 1. Trial Calendar. — The staff clerk
shall have a trial calendar for the cases that have passed pre-trial
stage. Cases where there is a prayer for preliminary mandatory
injunction and/or attachment shall be given preference.
Section 2. Notice of Trial . — Upon entry of a
case in the trial calendar, the staff clerk shall cause a notice of the
date of its trial to be served upon the parties within three (3) days
by the process server.
Section 3. Continuous Trial. — All hearings shall be continuous until the case is terminated subject to exceptions provided under Rule 9, Section 2.
Section 4. Raffle of cases . — Actions which
are to be conducted before this Office shall be raffled to the different
Hearing Officers who shall thereafter handle the proceeding from its
commencement until its final resolution. However, should the Hearing
Officer to whom the case was raffled be unavailable during any scheduled
hearing, upon request of either counsel, the Director shall designate
an appropriate officer to preside or conduct the proceedings.
RULE 8
DEPOSITIONS AND DISCOVERIES
Section 1. Deposition pending action. — By
leave of the Hearing Officer after the Answer has been filed, the
testimony of any person, whether a party or not, may be taken, at the
instance of any party, by deposition upon written interrogatories. The
attendance of witness the attendance of witness through a subpoena may
be compelled Rule VI, section 2(d).
Section 2. Effect of taking depositions . — A party shall not be deemed to make a person his own witness for any purpose by taking his deposition.
Section 3. Stipulations regarding taking of depositions.
— If the parties so stipulate in writing, depositions may be taken
before any person authorized to administer oaths, at anytime or place,
in accordance with the Rules of Court, and when so taken may be used
like other depositions.
Section 4. Period within which to submit answers to written interrogatories
. — Should a party request to take the deposition of a non-resident in a
foreign land, the answer to such written interrogatories must be
submitted to the Hearing Officer handling the case within six (6) months
from the date of issuance of the Letters Commission, without extension.
Failure to submit the same within the period shall result in the
striking off of the said deposition and the affidavits of such deponent.
RULE 9
HEARING
Section 1. Trial of Cases. — The Hearing
Officer shall, as far as practicable, set the case for successive and
continuous daily hearing for the reception not only of the evidence in
chief but also on any provisional remedy prayed for in the complaint or
petition; Provided, however, that the hearing of the case on the merits
or the reception of evidence of the parties shall be terminated within
ninety (90) days, thirty (30) days to be allotted to complainant’s or
petitioner’s evidence, thirty (30) days for respondent, and thirty (30)
days for any rebuttal and sur-rebuttal evidence. In the case of
provisional remedies, the hearings or reception of evidence thereof
shall be terminated within thirty (30) days.
Section 2. Postponement of Hearings . —
Postponement of hearings shall be allowed only on extremely meritorious
grounds and provided, that the reception of evidence of the parties
shall not exceed the periods provided under the preceding section.
Section 3. Order of Trial. — Unless the Hearing Officer, for special reasons, otherwise directs, the order of trial shall be as follows:
(a) The complainant or petitioner must produce evidence
in support of his allegations in the complaint or petition. The
affiants/witnesses whose affidavits were submitted must be subject to a
cross examination by the opposing counsel on the basis of their
affidavits.(b) The respondent shall then offer evidence in support
of his defense, counterclaim, cross-claim, and third-party claims
subject to cross-examination by complainant or petitioner or his
counsel.(c) The third party-respondent, if any, shall introduce
evidence of his defense, counterclaim, cross-claim and third-party
claim.(d) The fourth, etc. party, if any, shall introduce evidence of the material facts pleaded by him.
(e) The parties against whom any counterclaim or
cross-claim has been pleaded shall introduce evidence in support of
their defense, in the order to be prescribed by the Hearing Officer.(f) The parties may then respectively offer rebutting
evidence only, unless the Hearing Officer, for good reasons, in the
furtherance of justice, permits them to offer additional evidence
pertinent to the original issue.(g) When the presentation of evidence is concluded, the
parties may submit their respective memoranda, including draft of
decision, the submission of which shall be simultaneous, within ten (10)
days from the date of the last hearing.
Section 4. Answer to Amended Complaint . — If the
complaint is amended, the time fixed for the filing and service of the
Answer shall, unless otherwise ordered, run from the service of such
Amended Complaint. The Original Answer shall be considered as Answer to
the Amended Complaint unless a new Answer is filed within ten (10) days
from receipt or service of the amended complaint.
Section 5. Motion to Dismiss Not Allowed . — No
Motion to Dismiss on any of the grounds mentioned in the Rules of Court
and in any other law shall be allowed except on the ground of
prescription. Such grounds other than Prescription shall instead be
pleaded as affirmative defenses, the resolution of which shall be made
in the decision on the merits. The Hearing Officer may, for good cause
shown, conduct a preliminary hearing on any of the affirmative defenses
if this will expedite the resolution of the case.
Section 6. Agreed Statements of Facts . —
(a) The Complainant and the Respondent may agree in writing upon
the facts involved in the action, and ask judgment upon the facts agreed
upon, without the introduction of evidence. The Hearing Officer shall
immediately prepare the decision and submit it to the Division Chief of
the Administrative Complaints Division who shall recommend the same to
the Director for his approval, if the agreed statement of facts is
sufficient to support a decision.(b) If the parties can agree only on some of the facts in issue, the Hearing shall be held as to the others.
Section 7. Period for resolving cases . —
Unless a different period is fixed by special laws, all contested cases
or any incident thereof shall be decided or resolved within thirty (30)
calendar days from submission for decision or resolution by the Hearing
Officer.
Section 8. Consolidation. — When actions
involving a common question of law or fact are pending before the
Bureau, the Hearing Officer may order a joint hearing or trial on any or
all the matters in issue in the actions. It may order all the actions
consolidated and it may make such orders concerning proceedings therein
as may tend to avoid unnecessary costs or delay.
RULE 10
EVIDENCE
Section 1. Evidence required. — Substantial evidence shall be sufficient to support a decision or order.
A fact may be deemed established if it is supported by substantial
evidence. It means such relevant evidence which a reasonable mind might
accept as adequate to support or justify a conclusion.
Section 2. Ex Parte Evidence . — In addition
to sworn statements, testimonies and documentary evidence submitted by
the parties, the Hearing Officer may receive ex parte evidence material
and relevant to the case or conduct an ocular inspection without prior
notice to the parties. All ex parte evidence received by the Hearing
Officer shall be reduced to writing and any party in interest shall have
the opportunity to examine and rebut the same by further evidence.
Section 3. Burden of Proof in Process Patents
. — If the subject matter of a patent is a process for obtaining a
product, any identical product shall be presumed to have been obtained
through the use of the patented process if the product is new or there
is substantial likelihood that the identical product was made by the
process and the owner of the patent has been unable despite reasonable
efforts, to determine the process actually used. In ordering the
defendant to prove that the process to obtain the identical product is
different from the patented process, the Director shall adopt measures
to protect, as far as practicable, his manufacturing and business
secrets. (Sec. 78, RA8293)
Section 4. Power to stop further evidence . —
The Hearing Officer may stop the introduction of further testimony upon
any particular point when the evidence upon it is already so full that
more witness to the same point cannot be reasonably expected to be
additionally persuasive. The Hearing Officer, however, should exercise
this power with caution so as not to cause manifest injustice to the
parties.
Section 5. Equitable principles to govern proceedings
. — In all cases involving Trademarks, the equitable principles of
laches, estoppel, and acquiescence where applicable, may be considered
and applied.
RULE 11
DECISIONS AND ORDERS
Section 1. Rendition of Decisions . —
(a) The case is deemed submitted for resolution upon termination
of the period for reception of evidence provided in Rule 9, Section 1
and the evidence formally offered. Whether or not the parties submit a
final pleading such as memorandum, the case shall be decided by the
Hearing Officer within thirty (30) calendar days from submission as
provided herein.All Decisions determining the merits of cases shall be in writing
prepared by the Hearing Officer, stating clearly and distinctly the
facts and law on which they are based, approved and signed by the
Director.(b) Decisions and final orders shall be served by mail, personal service or publication as the case may require.
RULE 12
ADMINISTRATIVE PENALTIES AND SANCTIONS
Section 1. Administrative Penalties Imposable . — After formal investigation, the Director, may impose one (1) or more of the following administrative penalties:
(a) Issuance of a cease and desist order which shall
specify the acts that the respondent shall cease and desist from and
shall require him to submit a compliance report within a reasonable time
which shall be fixed in the Order;(i) The acceptance of a voluntary assurance of compliance or
discontinuance as may be imposed. Such voluntary assurance may include
one or more of the following:(a) An assurance to comply with the provisions of the Intellectual Property Law violated;
(b) An assurance to refrain from engaging in unlawful and
unfair acts and practices subject of the formal investigations;(c) An assurance to recall, replace, repair or refund the money value of defective goods distributed in commerce;
(d) An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau;
(e) The Director may also require the respondent to
submit periodic compliance reports and file a bond to guarantee
compliance of his undertaking.(ii) The condemnation or seizure of products which are subject
of the offense. The goods seized hereunder shall be disposed of in such
manner as may be deemed appropriate by the Director, such as by sale,
donation to distressed local government or to charitable or relief
institutions, exportation recycling into other goods, or any combination
thereof, under such guidelines as he may provide;(iii) The forfeiture of paraphernalia and all real and personal
properties which have been used in the commission of the offense;(iv) The imposition of administrative fines in such amount as
deemed reasonable by the Director, which shall in no case be less than
Five Thousand Pesos (P5,000.00) nor more than One Hundred Fifty Thousand
Pesos (P150,000.00). In addition, an additional fine of not more than
One Thousand Pesos (P1,000.00) shall be imposed for each day of
continuing violation;(v) The cancellation of any permit, license, authority, or
registration which may have been granted by the Office, or the
suspension of the validity thereof for such period of time as the
Director may deem reasonable which shall not exceed one (1) year;(vi) The withholding of any permit, license, authority or
registration which is being secured by the respondent from the Office;(vii) The assessment and award of damages;
(viii) Censure;
(ix) Other analogous penalties or sanctions such as those provided under Section 216 of the IP Code.
RULE 13
JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
Section 1. Rendition of judgments and final orders
. — A judgment or final order determining the merits of the case shall
be in writing, stating clearly and distinctly the facts and the law on
which it is based, signed by the Director, and filed with the
appropriate Register of the Office.
Section 2. Entry of judgments and final orders
. — If no appeal or motion for reconsideration is filed within the time
provided in these Regulations, the Director shall forthwith cause the
entry of the judgment or final order in the appropriate Register of the
Office. The date of finality of the judgment or final order shall be
deemed to be the date of its entry. The record shall contain the
dispositive part of the judgment or final order and shall be signed by
the Director, with a certificate that such judgment or final order has
become final and executory.
If no appeal or motion for reconsideration has been filed on time,
the judgment or final order rendered by the Director or the Director
General, as the case may be, becomes final and executory, and should
immediately be caused to be entered by the Director. To ensure this
action the prevailing party should file a motion for the entry (and
execution, if proper) of the judgment. The date of entry is the starting
point of the six month period for filing a petition of relief, as well
as the five year period of prescription of judgments.
This rule corrects the erroneous practice of entering the judgment
or final order long after it had become final and executory. Even if the
physical act of entering the judgment or final order is done after it
had become final and executory, the date when it became final and
executory shall be deemed the date of its entry.
Section 3. Order and writ of execution. — As
soon as a decision or order has become final and executory, the Director
of Legal Affairs shall, motu proprio or on motion of the interested
party issue an order of execution deputizing and requiring the
appropriate officer or personnel of the Office, or such other duly
authorized government agent, officer, or personnel, to execute and
enforce said decision or order.
Section 4. Execution pending appeal. — On
Motion of the prevailing party with notice to the adverse party or motu
proprio and upon filing of an approved bond, the Director of Legal
Affairs may, in his discretion, order execution to issue even before the
expiration of the time to appeal, upon good reasons to be stated in the
order. The execution pending appeal may be stayed by the filing of an
approved counterbond in an amount to be fixed by the Director.
RULE 14
APPEAL
Section 1. Finality of Decision and Order . —
(a) The decision and order of the Director shall become final and
executory fifteen (15) days after the receipt of a copy thereof by the
party affected unless within the said period a motion for
reconsideration is filed with the Bureau or an appeal to the Director
General has been perfected.(b) Decisions of the Director-General shall be final and
executory unless an appeal to the Court of Appeals or the Supreme Court
is perfected in accordance with Rule 41 of the Rules of Court applicable
to appeals from decision of Regional Trial Courts.(c) Interlocutory orders shall not be appealable.
(d) No motion for reconsideration of the decision of the Director General or the Director shall be allowed.
Section 11. Appeal, how perfected . — Appeal may
be perfected by filing a Notice of Appeal with the Director-General and
the Director and a copy thereof served upon the adverse party within
fifteen (15) days from receipt of the Order or Decision and upon payment
of the corresponding docket fee.
FINAL PROVISIONS
Section 1. Implementation . — The Director
General shall publish in a newspaper of general circulation the
corresponding notice as soon as the Office is in a position to accept
and process complaints governed by and in accordance with these
Regulations.
Section 2. Separability . — If any provision
in these Regulations or application of such provision to any
circumstance is held invalid, the remainder of these Regulations shall
not be affected thereby.
Section 3. Furnishing of certified copies . —
Mr. Eduardo Joson, Records Officer II, is hereby directed to
immediately file three (3) certified copies of these Regulations with
the University of the Philippines Law Center, and, one (1) certified
copy each to the Office of the President, the Senate of the Philippines,
the House of Representatives, the Supreme Court of the Philippines, and
the National Library.
Section 4. Effectivity . — These rules and regulations shall take effect fifteen (15) days after publication in a newspaper of general circulation.
Adopted: 01 Dec. 1998
(SGD.) EMMA C. FRANCISCO
Director General