Republic of the Philippines

Congress of the Philippines

Metro Manila
Eighth Congress

Republic Act No. 7438

April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL
AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. It is the policy of the Senate to value the dignity of every human being and guarantee full respect for
human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer.lawphi1
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed,
or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or
detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by
such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents,
elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the
gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial
investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void
and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his
immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by
his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall
include his or her spouse, fianc or fiance, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or
niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting
preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;lawphi1alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if
the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the
Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said
fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person
arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of
his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more
than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has
been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in
his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for
the commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or
under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his

spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4)
years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may
undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.
Section 5. Repealing Clause. Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive
orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly.
Section 6. Effectivity. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers
of general circulation in the Philippines.
Approved: April 27, 1992.lawphi1

Republic of the Philippines

Congress of the Philippines
Metro Manila
Thirteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of
July, two thousand and five.
Republic Act No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE
AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE
AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15)
years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody
of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare
and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the
following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the
Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to
herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD
or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare
Code".
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and
the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect
understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in
conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and
only after all other methods of control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and
Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare and development officer shall
explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The
examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from
that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the details
thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination
or the failure to submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social
worker, or legal counsel in attendance who shall affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a
detention cell.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 1402 and House Bill No. 5065 was finally passed by the Senate and the House of
Representatives on March 22, 2006.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: April 28, 2006

GLORIA MACAPAGAL-ARROYO
President of the Philippines

BATAS PAMBANSA Blg. 129

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
PRELIMINARY CHAPTER
Section 1. Title. This Act shall be known as "The Judiciary Reorganization Act of 1980."
Section 37. Preliminary investigation. Judges of Metropolitan Trial Courts, except those in the National Capital Region, of Municipal Trial
Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigation of crimes alleged to have been committed
within their respective territorial jurisdictions which are cognizable by the Regional Trial Courts.
The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs (a), (b), (c), and (d), of
Presidential Decree No. 911: Provided, however, That if after the preliminary investigation the Judge finds a prima facie case, he shall forward
the records of the case to the Provincial/City Fiscal for the filing of the corresponding information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed with him for preliminary investigation, unless
after an examination in writing and under oath or affirmation of the complainant and his witnesses, he finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.
Approved: August 14, 1981

The Revised Penal Code of the Philippines

AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS
Art. 269. Unlawful arrest. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any
case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering
him to the proper authorities.chanrobles virtual law library

REVISED RULES ON SUMMARY PROCEDURE

RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15,
1991 PROVIDING FOR THE REVISED RULE ON SUMMARY
PROCEDURE FOR METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS.
Sec. 16. Arrest of accused. The court shall not order the arrest of the accused except for failure to appear whenever required. Release of
the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.

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 provisional seizure and impounding of documents and articles in pending and intended civil
actions for the purpose of preventing infringement and preserving relevant evidence in regard to alleged infringement under Republic Act No.
8293, otherwise known as the Intellectual property Code of the Philippines, Article 50 of the Agreement on Trade Related Aspects of
intellectual Property Rights, otherwise known as TRIPS and other related laws and international conventions.
Section 2. The writ of search and seizure. - Where any delay is likely to cause irreparable harm to the intellectual property right holder or
where there is demonstrable risk of evidence being destroyed, the intellectual property right holder or his duly authorized representative in a
pending civil action for infringement or who intends to commence such an action may apply ex parte for the issuance of a writ of search and
seizure directing the alleged infringing defendant or expected adverse party to admit into his premises the persons named in the order and to
allow the search, inspection, copying, photographing, audio and audiovisual recording or seizure of any document and article specified in the
order.
Section 3. Where application filed. - The application shall be filed with any of the Regional Trial Courts of the judicial region designated to try
violations of intellectual property rights stationed at the place where the alleged violation occurred or is to occur, or me place to be searched,
at the election of the applicant. Provided, however, that where the complaint for infringement has a1ready been filed, the application shall be
made in the court where the case is rending.
Section 4. Verified application and affidavits. - The applicant shall file a verified application alleging the ground upon which it is based and the
specific description and location of the documents and articles 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 attend the search in the event that the application is granted.
The application shall be supported by affidavits of witnesses who personally know the facts and by authenticated or certified documents.
The application shall contain a certification against forum shopping as prescribed by Section 5, Rule 7 of the 1997 Rules of Civil Procedure.
The applicant shall undertake in his application that he will not use any of the documents, articles or information obtained by reason of the
search and seizure for any purpose other than in the action in which the writ is issued.

Section 5. Examination of applicant; record; confidentiality of proceedings. - The application shall be acted upon within twenty-four (24) hours
from its filing; The judge must, before issuing the writ, examine in the form of searching questions and answers, in writing and under oath or
affirmation, the applicant and the witnesses he may produce on facts personally known to them. The examination of the applicant and his
witnesses shall be recorded. Their sworn statements and their affidavits shall form part of the record of the case.
The hearing on the application for the writ shall be held in the chambers of the judge. Court personnel shall maintain the confidentiality of the
application proceeding.lawphi1.net
The court may require the applicant to give other information necessary for the identification of the articles and documents to be searched,
inspected, copied or seized and the premises to be searched. Where feasible, it may direct the applicant to submit copies and photographs of
the documents or articles to be seized and impounded.
Section 6. Grounds for the issuance of the order. - Before the Order can be issued, the evidence proffered by the applicant and personally
evaluated by the judge must show that:
(a) the applicant is the right holder or his duly authorized representative;
(b) there is probable cause to believe that the applicant's right is being infringed or that such infringement is imminent and there is
a prima facie case for final relief against the alleged infringing defendant or expected adverse party;
(c) damage, potential or actual, likely to be caused to the applicant is irreparable;
(d) there is demonstrable risk of evidence that the alleged infringing defendant or expected adverse party may destroy, hide or remove
the documents or articles before any application inter partes can be made; and
(e) the documents and articles to be seized constitute evidence of the alleged infringing defendant's or expected adverse party's
infringing activity or that they infringe upon the intellectual property right of the applicant or that they are used or intended to be used
as means of infringing the applicant's intellectual property right.
Section 7. When writ may issue. - If the judge is satisfied with the proof of facts upon which the application is based, he shall issue the writ
requiring the search, inspection or copying of the subject documents or articles or commanding the sheriff to take them into his custody
subject to the control of the court. The enforcement of the writ shall be supervised by an independent Commissioner to be appointed by the
court.
Section 8. Contents of the writ. - The writ shall contain the following:
(a) an order to the alleged infringing defendant, expected adverse party or to the person who appears to be in charge or in control of
the premises or residing or working therein to permit the persons named in the writ to enter into the premises for the purpose of
searching, inspecting, copying, or removing from the premises and transferring to the custody of the sheriff and subject to the control
of the court the subject documents and articles;

(b) an order to the alleged infringing defendant, expected adverse party or to the person in charge or in control of the premises to
disclose to the sheriff serving the writ the location of the documents and articles subject of the writ;
(c) the period when the writ shall be enforced which in no case shall be more than ten (10) days from the date of issuance by the court;
(d) the names of the applicant or his agent or representative and the Commissioner who shall supervise the enforcement of the writ;
and
(e) other terms and conditions that will insure the proper execution of the writ with due regard to the rights of the alleged infringing
defendant or expected adverse party.
It shall also contain a warning that violation of any of the terms and conditions of the writ shall constitute contempt of court.
Section 9. Bond and its conditions. - The applicant shall be required to post a cash bond, surety bond or other equivalent security executed in
favor of the defendant or expected adverse party in a reasonable amount to be fixed by me court in its order granting me issuance of a writ of
search and seizure. The bond shall be conditioned on the undertaking of the applicant that he will pay all the costs which may be adjudged to
defendant or expected adverse party and all damages which me latter may sustain by reason of me issuance of the writ.
Section 10. When writ shall be served. - The writ shall be served only on weekdays and from 8 o'clock in the morning to 5 o'clock in the
afternoon. However, the court may direct that the writ be served on any day and any time for compelling reasons stated in the application and
duly proved.
Section 11. To whom writ shall be served. - The writ shall be served on the alleged infringing defendant or expected adverse party in the
place to be searched.
If the alleged infringing defendant or expected adverse party cannot be found in the premises, the writ shall be served on his agent or
representative. In the absence of an agent or representative, it shall be served on the person in charge or in control of the premises, or
residing or working therein who is of sufficient age and discretion. If such person is absent, the sheriff or proper officer shall post the papers on
the premises and proceed with the enforcement of the writ.
Section 12. Commissioner, duties, qualifications and fees. - The enforcement of the writ shall be supervised by the independent
Commissioner appointed by the court. In the performance of his duty, the Commissioner shall:
(a) give impartial advise to the alleged infringing defendant, expected adverse party or to the person in charge of the premises to be
searched as to the meaning and coverage of the writ;
(b) attempt to achieve agreement on a suitable search procedure;
(c) assess what documents or articles come within the terms of the writ;

(d) ensure the accuracy of the list of documents and articles searched, inspected, copied or seized by the sheriff;
(e) prepare his own report on the search and seizure and verify and sign the return prepared by the sheriff; and
(f) generally, assist in the proper execution of the writ.
The Commissioner shall be a member of the Philippine Bar and of proven competence, integrity and probity. He shall receive such reasonable
compensation as may be determined by the court which can be charged as cost of suit.
Section 13. Search to be conducted in the presence of defendant, his representative, person in charge of the premises or witnesses. - The
premises may not be searched except in the presence of the alleged infringing defendant, expected adverse party or his representative or the
person in charge or in control of the premises or residing or working m therein who shall be given the opportunity to read the writ before its
enforcement and seek its interpretation from the Commissioner. In the absence of the latter, two persons of sufficient age and discretion
residing in the same locality shall be allowed to witness the search or in the absence of the latter, two persons of sufficient age and discretion
residing in the nearest locality.
Section 14. Manner of search and seizure; duties of the sheriff. - Upon service of the writ in accordance 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 custody subject to
the control of the court.
If the subject articles are not capable of manual delivery, the sheriff shall attach to them a tag or label stating the fact of seizure and warning
all persons from tampering with them.
The sheriff shall, in the presence of the applicant or his representative, and under the supervision of the Commissioner, prepare a detailed list
of the seized documents and articles. He shall give an accurate copy of the same to the alleged infringing defendant, expected adverse party,
his agent or representative, to the person in charge or in control of the premises or residing or working therein in whose presence the 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 presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a copy of the receipt in the place in
which he found the seized property. Where no witnesses are available in the same locality, the copy of the receipt shall be left by the sheriff in
the presence of two witnesses residing in the nearest locality. The applicant or his representative and the Commissioner shall also be given a
copy of the receipt.
After the sheriff has taken possession of the documents and articles, he shall deliver them to a bonded warehouse or government warehouse
for safekeeping. The applicant or his representative shall be allowed access to said materials for the purpose of examining them.
The applicant shall be responsible for the necessary expenses incurred ill the seizure and safekeeping of the documents and articles in a
bonded warehouse or government warehouse.
Section 15. Use of reasonable force to effect writ. - The sheriff, if refused admittance to the premises after giving notice of his purpose and
authority or in absence of the alleged infringing defendant or expected adverse party, his agent or representative, or person in charge or in

control of the premises or residing or working therein who is of sufficient age and discretion, may use reasonable force to gain entry to the
premises or any part of the building or anything therein, to enforce the writ or to liberate himself or any person lawfully aiding him when
unlawfully detained therein.
Section 16. Seizure of computer disks other storage devices. - The seizure of a computer disk or any storage device may be executed in any
of the following manner:
(a) by the physical taking thereof;
(b) by Copying its contents in a suitable device or disk provided by the applicant; or
(c) by printing out the Contents of the disk or device with a the use of a printer.
When the computer disks or storage devices cannot 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, expected adverse party or person in charge or in control of the
premises or residing or working therein.
Section 17. Sheriff's return. - The sheriff who executed the writ shall, within three (3) days from its enforcement, make a verified return to the
court which issued the writ. The return shall contain a full statement of the proceedings under the writ and a complete inventory of the
documents and articles searched, inspected or copied or seized and impounded, with copies served on the applicant, the defendant or
expected adverse party and the Commissioner.
If not all of the documents and articles enumerated in the order and writ were seized, the sheriff shall so report to the court and state is the
reasons therefor. All objections of the defendant, expected adverse party or person in charge of the premises on the manner and regularity of
the service of the writ shall be included by the sheriff in his return.
Section 18. Discharge of writ by the defendant or expected adverse party. - Without waiting for return to be filed by the sheriff, the
defendant, expected adverse party or the party whose property has been searched, inspected, copied or seized may file a motion with the
court which issued the writ for its discharge with prayer for the return of the documents and articles seized.
The writ may be discharged on any of the following grounds:
(a) that the writ was improperly or irregularly issued, or excessively enforced;
(b) that the bond is insufficient;
(c) that tile safeguards provided in the writ have been violated by the applicant or the sheriff; or

(d) that the documents and articles seized are not infringing copies or means for making the materials alleged to infringe the
intellectual property right of the applicant.
The writ may be discharged in a summary hearing by the court after notice to the applicant, the sheriff and the Commissioner.
If the court finds that the bond is insufficient, it shall order a. new bond to be filed by the applicant within a reasonable time. The discharge of
the writ based on the insufficiency of the bond may only be made if the applicant fails to post the new bond within the period fixed by the
court.
Section 19. Proceedings on return. - Five (5) days after issuance of the writ, the issuing judge shall ascertain if the writ has not been served
or the return has been made by the sheriff. If the writ was not served or no return was made, it shall summon the sheriff and the applicant to
whom the writ was issued and require them to explain why the writ was not served or why no return has been filed as the case may be. If the
return has been made, the judge shall, after notice to the applicant, the alleged infringing defendant or expected adverse party, the sheriff
and the Commissioner, ascertain whether the provisions of this Rule and applicable laws have been complied with.
Section 20. Failure to file complaint. - The writ shall also. Upon motion of the expected adverse party, be set aside and the seized documents
and articles returned to the expected adverse party if no case is filed with the appropriate court or authority within thirty-one (31) calendar
days from the date of issuance of the writ.
Section 21. Claim for damages. - Where the writ is discharged on any of die grounds provided in this Rule, or where it is found after trial that
there has been no infringement or threat of infringement of an intellectual property right, the court. Upon motion of the alleged infringing
defendant or expected adverse party and after due hearing, shall order the applicant to compensate the defendant or expected adverse party
upon the cash bond, surety bond or other equivalent security for any injury or damage the latter suffered by the issuance and enforcement of
the writ. Should the damages exceed the amount of the bond, the applicant shall be liable for the payment of the excess.
When a complaint is already filed in court, the motion shall be filed with the same court during the trial or before appeal is perfected or before
judgment becomes executory, with due notice to the applicant, setting forth the facts showing the defendant's right to damage's and the
amount thereof. The award of damages shall be included in the judgment in the main case.
Where no complaint is filed against the expected adverse party, the motion shall be filed with the court which issued the writ. In such a case,
the court shall set the motion for summary hearing and immediately determine the expected adverse party's right to damages.
A judgment in favor of the applicant in its principal claim, should not necessarily bar the alleged infringing defendant from recovering damages
where he suffered losses by reason of the wrongful issuance or enforcement of the writ.
The damages provided for in this section shall be independent from the damages claimed by the defendant in his counterclaim.
Section 22. Judgment. - If it appears after trial that the seized documents and articles are found to infringe the intellectual property right of
the applicant or that they constitute the means for the production of infringing goods, the court shall order their destruction or donation to
charitable, educational or religious institutions with the prohibition against bringing the same into the channels of commerce. In the latter

case, infringing trademarks or trade names found on labels, tags and other portions of the infringing materials shall be removed or defaced
before the donation. In no case shall the infringing materials be returned to the defendant.
If the court finds no infringement, the seized materials shall be immediately returned to the defendant.
Section 23. Direct filing, provisional docketing and deposit of prescribed filing fee. - The Regional Trial Courts specially designated to try
violations of intellectual property rights shall keep a distinct and separate logbook for writs of search and seizure. The application for a writ of
search and seizure filed directly with the said courts shall be given a provisional docket number. The prescribed filing fee shall be deposited
with the branch clerk of court and properly receipted for and transmitted to the Clerk of Court within twenty-four (24) hours from issuance of
the order granting or denying the application for said writ. If a formal complaint is filed thereafter, the Clerk of Court may make a.
reassessment of the filing fee.
Section 24. Separate logbook. - In every court, there shall be a logbook under the custody of the Clerk of Court wherein shall be docketed
and entered within twenty-four (24) hours after the issuance or denial of the writ of search and seizure, the filing of such application and other
particulars thereof. All the subsequent proceedings concerning the writ of search and seizure shall be faithfully recorded in the separate
logbook.
Section 25. Effect of violation. - A violation of any of the terms and conditions of the order and the writ of search and seizure or any provision
of this Rule shall constitute contempt of court.
Section 26. Writ not a bar to other measures. - The availment of the writ of search and seizure under this Rule shall not prevent the applicant
from resorting to other provisional measures or remedies provided in existing laws and procedural rules.
Section 27. Effectivity. - This Rule shall take effect on February 15, 2002 after its publication in two (2) newspapers of general circulation not
later than January 30, 2002.

ADMINISTRATIVE CIRCULAR NO. 13

SUPREME COURT CIRCULARS AND ORDERS
TO: ALL EXECUTIVE JUDGES AND JUDGES OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL
CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES AND PROCEDURE IN THE ISSUANCE OF SEARCH WARRANTS.
Under Administrative Order No. 6 of this Court, dated June 30, 1975, the Executive Judge derives his powers and prerogatives through
delegation thereof by this Court some of which are to improve judicial services, in coordination with court related government agencies, and
to further provide leadership in the management of all courts within his area of administrative supervision.

As a measure to better serve the public good and to facilitate the administration of justice, the Court is prescribing hereunder the guidelines in
the issuance of search warrants:
1. All applications for search warrants, if filed with the Executive Judge, shall be assigned, by raffle, to a judge within his
administrative area, under whose direction the search warrant shall be issued for the search and seizure of personal property;
2. After the application has been raffled and distributed to a Branch, the judge who is assigned to conduct the examination of the
complainant and witnesses should immediately act on the same, considering that time element and possible leakage of
information are primary considerations in the issuance of search warrants and seizure;
3. Raffling shall be strictly enforced, except only in cases where an application for search warrant may be filed directly with any
judge in whose jurisdiction the place to be searched is located, after office hours, or during Saturdays, Sundays, and legal
holidays, in which case the applicant is required to certify under oath the urgency of the issuance thereof after office hours, or
during Saturdays, Sundays and legal holidays;
4. If, in the implementation of the search warrant, properties are seized thereunder and the corresponding case is filed in court,
said case shall be distributed by raffle conformably with Circular No. 7, dated September 23, 1974, of this Court, and thereupon
tried and decided by the judge to whom it has been assigned, and not necessarily by the judge who is issued the search
warrant.
5. New applications. In order to insure maximum legitimate effect and give meaning and substance to the constitutional
guarantee on the security of every person, his house and his effects, against unreasonable searches and seizures, the following
procedure should be strictly observed:
a. A warrant may be issued for the search and seizure of personal property 1) subject of the offense; 2) stolen or embezzled or
are the proceeds or fruits of an offense; and, 3) used or intended to be used as the means of committing an offense;
b. A warrant shall not issue but upon probable cause in laid connection with one specific offense to be determined by the judge or
such other responsible officer authorized by law after examination under oath or affirmation of the complainant and the
witnesses he may produce on facts personally known to them, and particularly describing the place to be searched and the
things to be seized so that they could be properly identified;
c. The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and
under oath, the complainant and any witnesses he may produce and attach to the record their sworn statements together with
any affidavits submitted;
d. If the judge is thereupon satisfied of the existence of facts upon which the application is based, or that there is probable cause
to believe that they exist, he must issue the warrant, which must be substantially in the form prescribed by the Rules;

e. Search warrants must be in duplicate, both signed by the judge. The duplicate copy thereof must be given to the person against
whom the warrant is issued and served. Both copies of the warrant must indicate the date until when the warrant shall be valid
and must direct that it be served in the daytime. If the judge is satisfied that the property is in the person or in the place
ordered to be searched, a direction may be inserted in the warrants that it be served at any time of the day or night;
f.

In every court, there shall be a log under the custody of the Clerk of Court wherein shall be entered within 24 hours after the
issuance of the search warrant, the following:
1. Date and number of the warrant;
2. Name of the issuing judge;
3. Name of the person against whom the warrant is issued;
4. Offense cited in the warrant; and
5. Name of the officer who applied for the warrant and his witnesses.

Each branch or branches of a court shall have a separate and distinct log book from the log book kept by the other branches of the
same court stationed in another city or municipality;
a. The search warrant shall be valid for ten (10) days from date of issuance, and after which the issuing judge should ascertain if
the return has been made, and if there was none, should summon the person to whom the warrant was issued and require him
to explain why no return was made. If the return has been made, the judge should ascertain from the officer who seized the
property under the warrant if a detailed receipt of the property seized was left with the lawful occupants of the premises in
whose presence the search and seizure were made, or in the absence of such occupants, whether he left a receipt in the place
in which he found the seized property in the presence of at least two witnesses of sufficient age and discretion residing in the
same locality, and should require that the property seized by virtue of the warrant shall be delivered to the judge who issued the
warrant. The judge should see to it that an accurate and true inventory of the property seized duly verified under oath is
attached to the return and filed with the court; and
b. The return on the search warrant shall be filed and kept by the custodian of the log book who shall also enter in the log book,
the date of the return, the result, and such other actions the judge may have taken thereon.
This circular shall take effect immediately from receipt of notice. Melencio-Herrera and Relova, JJ., are on leave.
Very truly yours,
(Sgd.) GLORIA C. PARAS

Clerk of Court