Republic Act No.
9523 March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
(DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A PREREQUISITE FOR
ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT
NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO.
603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Declaration of Policy. – It is hereby declared the policy of the State that alternative protection and
assistance shall be afforded to every child who is abandoned, surrendered, or neglected. In this regard, the State
shall extend such assistance in the most expeditious manner in the interest of full emotional and social
development of the abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the jurisdiction of the Department of Social Welfare
and Development for the declaration of a child legally available for adoption of abandoned, surrendered, or
neglected children are the most expeditious proceedings for the best interest and welfare of the child.
Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole authority to issue the certification declaring a child legally
available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18) years of
age but is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of physical or mental disability or condition.
(3) Abandoned Child refers to a child who has no proper parental care or guardianship, or whose
parent(s) have deserted him/her for a period of at least three (3) continuous months, which includes a
founding.
(4) Neglected Child refers to a child whose basic needs have been deliberately unattended or
inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2)
ways:
(a) There is physical neglect when the child is malnourished, ill-clad, and without proper
shelter. A child is unattended when left by himself/herself without proper provisions and/or
without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions not conducive to good health; or is made to
beg in the streets or public places; or when children are in moral danger, or exposed to
gambling, prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor a certification was issued by the
DSWD that he/she is legally available for adoption after the fact of abandonment or neglect has been
proven through the submission of pertinent documents, or one who was voluntarily committed by his/her
parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly
relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring
agency or institution.
(7) Child-caring agency or institution refers to a private non-profit or government agency duly accredited
by the DSWD that provides twenty-four (24) hour residential care services for abandoned, neglected, or
voluntarily committed children.
(8) Child-placing agency or institution refers to a private non-profit institution or government agency duly
accredited by the DWSD that receives and processes applicants to become foster or adoptive parents
and facilitate placement of children eligible for foster care or adoption.
(9) Petitioner refers to the head or executive director of a licensed or accredited child-caring or child-
placing agency or institution managed by the government, local government unit, non-governmental
organization, or provincial, city, or municipal Social Welfare Development Officer who has actual
custody of the minor and who files a certification to declare such child legally available for adoption, or, if
the child is under the custody of any other individual, the agency or institution does so with the consent
of the child's custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.
(11) Conspicuous Place shall refer to a place frequented by the public, where by notice of the petition
shall be posted for information of any interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report of the result of an assessment
conducted by a licensed social worker as to the social-cultural economic condition, psychosocial
background, current functioning and facts of abandonment or neglect of the child. The report shall also
state the efforts of social worker to locate the child's biological parents/relatives.
Section 3. Petition. – The petition shall be in the form of an affidavit, subscribed and sworn to before any person
authorized by law to administer oaths. It shall contain facts necessary to establish the merits of the petition and
shall state the circumstances surrounding the abandonment or neglect of the child.
The petition shall be supported by the following documents:
 (1) Social Case Study Report made by the DSWD, local government unit, licensed or accredited child-
caring or child-placing agency or institution charged with the custody of the child;
(2) Proof that efforts were made to locate the parent(s) or any known relatives of the child. The following
shall be considered sufficient:
(a) Written certification from a local or national radio or television station that the case was
aired on three (3) different occasions;
(b) Publication in one (1) newspaper of general circulation;
(c) Police report or barangay certification from the locality where the child was found or a
certified copy of a tracing report issued by the Philippine National Red Cross (PNRC),
National Headquarters (NHQ), Social Service Division, which states that despite due
diligence, the child's parents could not be found; and
(d) Returned registered mail to the last known address of the parent(s) or known relatives, if
any.
(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of the child upon abandonment or admission to the
agency or institution.
Section 4. Procedure for the Filing of the Petition. – The petition shall be filed in the regional office of the
DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and its supporting documents, if sufficient in form and substance
and shall authorize the posting of the notice of the petition conspicuous place for five (5) consecutive days in the
locality where the child was found.
The Regional Director shall act on the same and shall render a recommendation not later than five (5) working
days after the completion of its posting. He/she shall transmit a copy of his/her recommendation and records to
the Office of the Secretary within forty-eight (48) hours from the date of the recommendation.
Section 5. Declaration of Availability for Adoption. – Upon finding merit in the petition, the Secretary shall
issue a certification declaring the child legally available for adoption within seven (7) working days from receipt of
the recommendation.
Said certification, by itself shall be the sole basis for the immediate issuance by the local civil registrar of a
foundling certificate. Within seven (7) working days, the local civil registrar shall transmit the founding certificate to
the National Statistic Office (NSO).
Section 6. Appeal. – The decision of the Secretary shall be appealable to the Court of Appeals within five (5)
days from receipt of the decision by the petitioner, otherwise the same shall be final and executory.
Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily
Committed Child. – The certificate declaring a child legally available for adoption in case of an involuntarily
committed child under Article 141, paragraph 4(a) and Article 142 of Presidential Decree No. 603 shall be issued
by the DSWD within three (3) months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the certification
declaring the child legally available for adoption shall be issued by the Secretary within three (3) months following
the filing of the Deed of Voluntary Commitment, as signed by the parent(s) with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily committed a child may recover
legal custody and parental authority over him/her from the agency or institution to which such child was voluntarily
committed when it is shown to the satisfaction of the DSWD that the parent(s) or legal guardian is in a position to
adequately provide for the needs of the child: Provided, That, the petition for restoration is filed within (3) months
after the signing of the Deed of Voluntary Commitment.
Section 8. Certification. – The certification that a child is legally available for adoption shall be issued by the
DSWD in lieu of a judicial order, thus making the entire process administrative in nature.
The certification, shall be, for all intents and purposes, the primary evidence that the child is legally available in a
domestic adoption proceeding, as provided in Republic Act No. 8552 and in an inter-country adoption proceeding,
as provided in Republic Act No. 8043.
Section. 9. Implementing Rules and Regulations. – The DSWD, together with the Council for Welfare of
Children, Inter-Country Adoption Board, two (2) representatives from licensed or accredited child-placing and
child-caring agencies or institution, National Statistics Office and Office of the Civil Registrar, is hereby tasked to
draft the implementing rules and regulations of this Act within sixty (60) days following its complete publication.
Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and regulations,
petitions for the issuance of a certification declaring a child legally available for adoption may be filled with the
regional office of the DSWD where the child was found or abandoned.
Section 10. Penalty. – The penalty of One hundred thousand pesos (P100,000.00) to Two hundred thousand
pesos (P200,000.00) shall be imposed on any person, institution, or agency who shall place a child for adoption
without the certification that the child is legally available for adoption issued by the DSWD. Any agency or
institution found violating any provision of this Act shall have its license to operate revoked without prejudice to the
criminal prosecution of its officers and employees.
Violation of any provision of this Act shall subject the government official or employee concerned to appropriate
administrative, civil and/or criminal sanctions, including suspension and/or dismissal from the government service
and forfeiture of benefits.
Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act No. 8552, Section 3(f) of (g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually
Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No. 603 and any law, presidential satisfying parent-child relationship.
decree, executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent (h) Board refers to the Inter-country Adoption Board.
with the provisions of this Act are hereby reprealed, modified or amended accordingly.
ARTICLE II
Section 12. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the other THE INTER-COUNTRY ADOPTION BOARD
provisions not affected thereby shall remain valid and subsisting. Sec. 4. The Inter-Country Adoption Board. — There is hereby created the Inter-Country Adoption Board,
hereinafter referred to as the Board to act as the central authority in matters relating to inter-country adoption. It
Section 13. Effectivity. – This Act shall take effect fifteen (15) days following its complete publication in two (2) shall act as the policy-making body for purposes of carrying out the provisions of this Act, in consultation and
newspapers of general circulation or in the Official Gazette. coordination with the Department, the different child-care and placement agencies, adoptive agencies, as well as
non-governmental organizations engaged in child-care and placement activities. As such, it shall:
(a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other practice in connection
with adoption which is harmful, detrimental, or prejudicial to the child;
(b) Collect, maintain, and preserve confidential information about the child and the adoptive parents;
Republic Act 8043 (c) Monitor, follow up, and facilitate completion of adoption of the child through authorized and accredited
agency;
(d) Prevent improper financial or other gain in connection with an adoption and deter improper practices
The Inter-Country Adoption Act of 1995
contrary to this Act;
Files:
(e) Promote the development of adoption services including post-legal adoption;
"AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, (f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino
AND FOR OTHER PURPOSES" children;
(g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country;
and
Section 1. Short Title. — This Act shall be known as the "Inter-Country Adoption Act of 1995." (h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency
involved from the accreditation list of the Board upon a finding of violation of any provision under this Act.
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to provide every neglected and
abandoned child with a family that will provide such child with love and care as well as opportunities for growth Sec. 5. Composition of the Board. — The Board shall be composed of the Secretary of the Department as ex
and development. Towards this end, efforts shall be exerted to place the child with an adoptive family in the officio Chairman, and six (6) other members to be appointed by the President for a nonrenewable term of six (6)
Philippines. However, recognizing that inter-country adoption may be considered as allowing aliens not presently years: Provided, That there shall be appointed one (1) psychiatrist or psychologist, two (2) lawyers who shall have
allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens, at least the qualifications of a regional trial court judge, one (1) registered social worker and two (2)
the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove representatives from non-governmental organizations engaged in child-caring and placement activities. The
beneficial to the child's best interests, and shall serve and protect his/her fundamental rights. members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1,500) for each
meeting attended by them: Provided, further, That no compensation shall be paid for more than four (4) meetings
Sec. 3. Definition of Terms. — As used in this Act. the term: a month.
(a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a
Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, Sec. 6. Powers and Functions of the Board. — The Board shall have the following powers and functions:
and the decree of adoption is issued outside the Philippines.
(b) Child means a person below fifteen (15) years of age unless sooner emancipated by law. (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this
(c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines. Act, after consultation and upon favorable recommendation of the different agencies concerned with the child-
(d) Secretary refers to the Secretary of the Department of Social Welfare and Development. caring, placement, and adoption;
(e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption agency in the (b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be
country of the adopting parents which provide comprehensive social services and which is duly recognized by the under the direct supervision of the Board;
Department. (c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and
(f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department, in adoptive child can be made;
accordance with the Child and Youth Welfare Code. (d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for
adoption; (a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted,
(e) to determine the form and contents of the application for inter-country adoption; at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of
(g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter such parent:
improper practices which are contrary to this Act; (b) if married, his/her spouse must jointly file for the adoption;
(h) to promote the development of adoption services, including post-legal adoption services, (c) has the capacity to act and assume all rights and responsibilities of parental authority under his national
(i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism, laws, and has undergone the appropriate counseling from an accredited counselor in his/her country;
competence and have consistently pursued non-profit objectives to engage in the placement of Filipino children in (d) has not been convicted of a crime involving moral turpitude;
their own country: Provided, That such foreign private agencies are duly authorized and accredited by their own (e) is eligible to adopt under his/her national law;
government to conduct inter-country adoption: Provided, however, That the total number of authorized and (f) is in a position to provide the proper care and support and to give the necessary moral values and example
accredited foreign private adoption agencies shall not exceed one hundred (100) a year; to all his children, including the child to be adopted;
(j) to take appropriate measures to ensure confidentiality of the records of the child, the natural parents and the (g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on
adoptive parents at all times; the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;
(k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign Affairs, Memoranda (h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains
of Agreement respecting inter-country adoption consistent with the implementation of this Act and its stated goals, a similarly authorized and accredited agency and that adoption is allowed under his/her national laws; and
entered into, between and among foreign governments, international organizations and recognized international (i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable
non-governmental organizations; Philippine laws.
(l) to assist other concerned agencies and the courts in the implementation of this Act, particularly as regards
coordination with foreign persons, agencies and other entities involved in the process of adoption and the physical
transfer of the child; and Sec. 10. Where to File Application. — An application to adopt a Filipino child shall be filed either with the
(m) to perform such other functions on matters relating to inter-country adoption as may be determined by the Philippine Regional Trial Court having jurisdiction over the child, or with the Board, through an intermediate
President. agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive
parents, which application shall be in accordance with the requirements as set forth in the implementing rules and
regulations to be promulgated by the Board.
ARTICLE III The application shall be supported by the following documents written and officially translated in English.
PROCEDURE
Sec. 7. Inter-Country Adoption as the Last Resort. — The Board shall ensure that all possibilities for adoption
of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of (a) Birth certificate of applicant(s);
(b) Marriage contract, if married, and divorce decree, if applicable;
the child. Towards this end, the Board shall set up the guidelines to ensure that steps will be taken to place the
child in the Philippines before the child is placed for inter-country adoption: Provided, however, That the maximum (c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn
number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five (5) statement;
years. (d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;
Sec. 8. Who May be Adopted. — Only a legally free child may be the subject of inter-country adoption. In order (e) Income tax returns or any document showing the financial capability of the applicant(s);
(f) Police clearance of applicant(s);
that such child may be considered for placement, the following documents must be submitted to the Board:
(g) Character reference from the local church/minister, the applicant's employer and a member of the
immediate community who have known the applicant(s) for at least five (5) years; and
(a)Child study; (h) Recent postcard-size pictures of the applicant(s) and his immediate family;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;
(d)Medical evaluation /history; The Rules of Court shall apply in case of adoption by judicial proceedings.
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child. Sec. 11. Family Selection/Matching. — No child shall be matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted locally. The clearance, as issued by the Board, with the copy
of the minutes of the meetings, shall form part of the records of the child to be adopted. When the Board is ready
Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently residing abroad may file an application for to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all the
inter-country adoption of a Filipino child if he/she: travel documents of the child are ready, the adoptive parents, or any one of them, shall personally fetch the child
in the Philippines.
Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear the following costs incidental to the
placement of the child;
(a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad, including all
travel expenses within the Philippines and abroad; and
(b) The cost of passport, visa, medical examination and psychological evaluation required, and other related
expenses.
Sec. 13. Fees, Charges and Assessments. — Fees, charges, and assessments collected by the Board in the
exercise of its functions shall be used solely to process applications for inter-country adoption and to support the
activities of the Board.
Sec. 14. Supervision of Trial Custody. — The governmental agency or the authorized and accredited agency in
the country of the adoptive parents which filed the application for inter-country adoption shall be responsible for
the trial custody and the care of the child. It shall also provide family counseling and other related services. The
trial custody shall be for a period of six (6) months from the time of placement. Only after the lapse of the period of
trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the Board to
form part of the records of the child.
During the trial custody, the adopting parent(s) shall submit to the governmental agency or the authorized and
accredited agency, which shall in turn transmit a copy to the Board, a progress report of the child's adjustment.
The progress report shall be taken into consideration in deciding whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are
monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the
repatriation to the Philippines of a Filipino child whose adoption has not been approved.
Sec. 15. Executive Agreements. — The Department of Foreign Affairs, upon representation of the Board, shall
cause the preparation of Executive Agreements with countries of the foreign adoption agencies to ensure the
legitimate concurrence of said countries in upholding the safeguards provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. —
(a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in violation of
the provisions of this Act, shall be punished with a penalty of imprisonment ranging from six (6) years and one (1)
day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not more than Two
hundred thousand pesos (P200.000), at the discretion of the court. For purposes of this Act, an adoption is illegal
if it is effected in any manner contrary to the provisions of this Act or established State policies, its implementing
rules and regulations, executive agreements, and other laws pertaining to adoption. Illegality may be presumed
from the following acts:
(1)consent for an adoption was acquired through, or attended by coercion, fraud, improper material
inducement;
(2)there is no authority from the Board to effect adoption;
(3)the procedures and safeguards placed under the law for adoption were not complied with; and
(4)the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.
(b)Any person who shall violate established regulations relating to the confidentiality and integrity of records,
documents and communications of adoption applications, cases and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years, and/or a fine of not less than Five
thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be
imposed upon the principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two or more children shall
be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined
under this Article.Penalties as are herein provided shall be in addition to any other penalties which may be
imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations.
Sec. 17. Public Officers as Offenders. — Any government official, employee or functionary who shall be found
guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in addition to
the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:
Provided, That upon the filing of a case, either administrative or criminal, said government official, employee or
functionary concerned shall automatically suffer suspension until the resolution of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. — The Inter-country Adoption Board, in coordination with the
Council for the Welfare of Children, the Department of Foreign Affairs, and the Department of Justice, after due
consultation with agencies involved in child-care and placement, shall promulgate the necessary rules and
regulations to implement the provisions of this Act within six (6) months after its effectivity.
Sec. 19. Appropriations. — The amount of Five million pesos (P5,000,000) is hereby appropriated from the
proceeds of the Lotto for the initial operations of the Board and subsequently the appropriations of the same shall
be included in the General Appropriations Act for the year following its enactment.
Sec. 20. Separability Clause. — If any provision, or part hereof is held invalid or unconstitutional, the remainder
of the law or the provision not otherwise affected, shall remain valid and subsisting.
Sec. 21. Repealing Clause. — Any law, decree, executive order, administrative order or rules and regulations
contrary to, or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation.

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 bond or other equivalent security for any injury or damage the latter suffered by the issuance and enforcement of
the court and state is the reasons therefor. All objections of the defendant, expected adverse party or person in the writ. Should the damages exceed the amount of the bond, the applicant shall be liable for the payment of the
charge of the premises on the manner and regularity of the service of the writ shall be included by the sheriff in his excess.
return.
When a complaint is already filed in court, the motion shall be filed with the same court during the trial or before
Section 18. Discharge of writ by the defendant or expected adverse party. - Without waiting for return to be filed appeal is perfected or before judgment becomes executory, with due notice to the applicant, setting forth the facts
by the sheriff, the defendant, expected adverse party or the party whose property has been searched, inspected, showing the defendant's right to damage's and the amount thereof. The award of damages shall be included in
copied or seized may file a motion with the court which issued the writ for its discharge with prayer for the return of the judgment in the main case.
the documents and articles seized.
Where no complaint is filed against the expected adverse party, the motion shall be filed with the court which
The writ may be discharged on any of the following grounds: 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) that the writ was improperly or irregularly issued, or excessively enforced;
A judgment in favor of the applicant in its principal claim, should not necessarily bar the alleged infringing
(b) that the bond is insufficient; defendant from recovering damages where he suffered losses by reason of the wrongful issuance or enforcement
of the writ.
(c) that tile safeguards provided in the writ have been violated by the applicant or the sheriff; or
The damages provided for in this section shall be independent from the damages claimed by the defendant in his
counterclaim.
(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.
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 writ may be discharged in a summary hearing by the court after notice to the applicant, the sheriff and the
the court shall order their destruction or donation to charitable, educational or religious institutions with the
Commissioner.
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
If the court finds that the bond is insufficient, it shall order a. new bond to be filed by the applicant within a before the donation. In no case shall the infringing materials be returned to the defendant.
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.
If the court finds no infringement, the seized materials shall be immediately returned to the defendant.
Section 19. Proceedings on return. - Five (5) days after issuance of the writ, the issuing judge shall ascertain if
Section 23. Direct filing, provisional docketing and deposit of prescribed filing fee. - The Regional Trial Courts
the writ has not been served or the return has been made by the sheriff. If the writ was not served or no return
specially designated to try violations of intellectual property rights shall keep a distinct and separate logbook for
was made, it shall summon the sheriff and the applicant to whom the writ was issued and require them to explain
writs of search and seizure. The application for a writ of search and seizure filed directly with the said courts shall
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
be given a provisional docket number. The prescribed filing fee shall be deposited with the branch clerk of court
judge shall, after notice to the applicant, the alleged infringing defendant or expected adverse party, the sheriff
and properly receipted for and transmitted to the Clerk of Court within twenty-four (24) hours from issuance of the
and the Commissioner, ascertain whether the provisions of this Rule and applicable laws have been complied
order granting or denying the application for said writ. If a formal complaint is filed thereafter, the Clerk of Court
with.
may make a. reassessment of the filing fee.
Section 20. Failure to file complaint. - The writ shall also. Upon motion of the expected adverse party, be set
Section 24. Separate logbook. - In every court, there shall be a logbook under the custody of the Clerk of Court
aside and the seized documents and articles returned to the expected adverse party if no case is filed with the
wherein shall be docketed and entered within twenty-four (24) hours after the issuance or denial of the writ of
appropriate court or authority within thirty-one (31) calendar days from the date of issuance of the writ.
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 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
Section 25. Effect of violation. - A violation of any of the terms and conditions of the order and the writ of search
right, the court. Upon motion of the alleged infringing defendant or expected adverse party and after due hearing,
and seizure or any provision of this Rule shall constitute contempt of court.
shall order the applicant to compensate the defendant or expected adverse party upon the cash bond, surety
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.