RULE 7

After the pre-trial, Rule 7 of the Rules of Procedure for Intellectual Property
Rights Cases provides for the Clarificatory Hearing and Trial.

Section 2 under the same Rule states that:

Upon submission of the parties' position papers immediately after

the pre-trial as required under Sec. 6 of the preceding Rule, and the court
deems it necessary to hold clarificatory hearing or hearings on any matter
before rendering judgment, it shall set the case for such purpose.

The order setting the case for clarificatory hearing must be issued
not later than fifteen (15) days after receipt of the last position papers or
the expiration of the period for filing the same and the clarificatory
hearing must be scheduled within fifteen (15) days from the issuance of
such order and completed not later than fifteen (15) days.

It is elementary in law that clarificatory hearings are conducted to clarify some

matters pertaining to the case. During this stage, both parties must have
representatives and their counsels ready for questioning by the court (Section 1 par. 1,
Rule 7).

Comparing the provision with the Rules of Criminal Procedure, Sec. 3(e) of Rule
112 indicates that the investigation officer has the discretion whether or not to set the
case for a clarificatory hearing to clarify matters (De Ocampo v. Secretary of Justice,
480 SCRA 71; Racho v. Miro, 567 SCRA 213; Sierra v. Lopez, Administrative Case No.
7549, August 29, 2008). This means that for both Rules of Procedures in Intellectual
Property Law and Criminal Law, clarificatory hearings are only conducted when deemed
necessary by the judge.

Subsequently, the court shall order the parties to simultaneously file within ten
(10) days from such date, their respective position papers as required under Section 6,
Rule 6 (Section 1 par. 2, Rule 7).

During the trial, Section 3 of Rule 7 provides that, subject to cross-examination

by the adverse party, the direct testimonies of the witnesses form part of the judicial
affidavits.

It is also emphasized in Section 4 that: The failure of a party to present a

witness on a scheduled trial date shall be deemed a waiver of such trial date. However,
a party may present such witness or witnesses within the party's remaining allotted trial
dates. No extension shall be allowed by the judge except for justifiable reasons.
 Linking the same to the Rules of Civil Procedure, A motion to postpone a trial on
the ground of absence of evidence can be granted only upon affidavit showing the
materiality or relevancy of such evidence, and that due diligence has been used to
procure it. But if the adverse party admits the facts to be given in evidence, even if he
objects or reserves the right to their admissibility, the trial shall not be postponed
(Section 3, Rule 30, Rules of Civil Procedure).

Further, Section 5 of Rule 7 of the Rules of Procedure for Intellectual Property

Cases provides that:

In case the court requires the submission of written formal offer of

exhibits, the same shall be submitted to the court within five (5) days
from completion of the presentation of the evidence of the party,
furnishing copies thereof on the other party, who may submit comments
or objections to the formal offer within five (5) days from receipt. The
court shall make its ruling on the offer within five (5) days from the
expiration of the period to file comments or objections.

The Section 6 of the same Rule requires submission of draft decisions

immediately after an oral ruling on the last offer of evidence within a non-extendible
period of thirty (30) days. In case the ruling is in writing, the court shall order the
parties to simultaneously submit their respective draft decisions within a nonextendible
period of thirty (30) days from receipt of the order.

Similar to that of Criminal Procedure, if there are things to be clarified by the

Court, a Clarificatory Hearing shall be conducted. Section 7 of the same Rule states:

The hearing must commence within thirty (30) days from the termination
of the pre-trial, and must be completed not later than fifteen (15) days
thereafter. Further, at least three (3) days before the scheduled clarificatory
hearing the parties may submit clarificatory questions which the court, in its
discretion, may propound.

Rule 8. Judgment

Under this rule, five (5) judgments that may be rendered, depending on the
case, are enumerated, to wit:

SEC 1. Judgment immediately after pre-trial;

SEC. 2. Judgment after submission of position papers;

SEC. 3. Judgment after clarificatory hearing;

SEC. 4. Judgment after trial;

SEC. 5. Judgments executory pending appeal.

Sections 1 through 3 are to be rendered within a 45-day period; while, Section 4

must be resolved within 60 days. Section 5 of the said Rule also states that, unless
restrained by a higher court, the judgment of the court shall be executory even pending
appeal under such terms and conditions as the court may prescribe.