RULE 16

Common Rules on Admissibility and Weight of Evidence

SECTION 1. Evidence of Good Faith. — In cases of patent, trademark, and copyright infringement,
fraudulent intent on the part of the defendant or the accused need not be established. Good faith is not
a defense unless the defendant or the accused claims to be a prior user under Sections 73 and 159 of
the Intellectual Property Code, or when damages may be recovered under Sections 76, 156, and 216 of
the Code.

Question: what good faith means

Answer: defined as honest in a person’s conduct during the agreement.

SECTION 2. Foreign Official Documents. — If an official document, including notarial acts, is kept in a
foreign country, which is party to a treaty or convention to which the Philippines is also a party, or
considered a public document under such treaty or convention pursuant to paragraph (c) of Section 19,
Rule 132 of the Rules of Court, the certificate or its equivalent regarding such document shall be in the
form prescribed by such treaty or convention subject to reciprocity granted to public documents
originating from the Philippines.

For documents originating from a foreign country which is not party to a treaty or convention referred
to in the next preceding sentence, the certificate regarding such document may be made by a secretary
of the embassy or legation, consul general, consul, vice-consul, or consular agent, or by any officer in the
foreign service of the Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his or her office.

A document that is accompanied by a certificate or its equivalent may be presented in evidence without
further proof, the certificate or its equivalent being prima facie evidence of the due execution and
genuineness of the document involved. The certificate shall not be required when a treaty or convention
between a foreign country and the Philippines has abolished the requirement, or has exempted the
document itself from this formality.

Rule 16 of the Revised IP Rules now adopts the admissibility of apostilled foreign official documents,
in addition to consularization as a means of authenticating foreign official documents, consistent with
the revised rules of evidence. An electronic document is now admissible in evidence if it complies with
the rules on admissibility under the Rules on Electronic Evidence.

SECTION 3. Deposition of Foreign Witness. — The deposition of any witness abroad shall be taken within
sixty (60) calendar days from the date of the order allowing the deposition, unless the failure to take the
deposition within the period is caused by a fortuitous event, fraud, accident, mistake or CD Technologies
excusable negligence. The deposition must be taken under the same procedure provided in Rule 5.

SECTION 4. Presumptions in the Intellectual Property Code. — The presumptions in the Intellectual
Property Code on patents, trademarks and copyright shall apply to these Rules.

SECTION 5. Suppletory Application of the Rules on Discovery and Evidence. — Unless inconsistent with
these Rules, the rules on discovery and evidence under the Rules of Court shall apply.

Question: What is suppletory?

Answer: Suppletory is defined as supplying deficiencies. It means that the provisions of the Rules of
Court will be made to apply only when there is an insufficiency in the applicable rule.

Rule 16, sec. 5 of 2020 Revised Rules for Intellectual Property rights provides that Suppletory
application of the rules on discovery and evidence. - Unless inconsistent with these Rules, the rules on
discovery and evidence under the Rules of Court shall apply.

SECTION 6. Admission of Electronic Evidence. — Whenever a rule of evidence refers to the term writing,
document, record, instrument, memorandum or any other form of writing, such term shall be deemed
to include an electronic document. An electronic document is admissible in evidence if it complies with
the rules on admissibility under A.M. No. 01-7-01-SC, or the Rules on Electronic Evidence.

Question: Is the electronic evidence applicable in Intellectual Property law cases?

Answer: Yes. SEC. 6 2020 Revised Rules for Intellectual Property righs provides Admission of
electronic evidence. - Whenever a rule of evidence refers to the term writing, document, record,
instrument, memorandum or any other form of writing such term shall be deemed to include an
electronic document. An electronic document is admissible in evidence if it complies with the rules on
admissibility under A.M. No. 01-7- 0 I-SC, or the Rules on Electronic Evidence.