From the islands of Indonesia, the IP Komodo prowls South East Asia and beyond looking for succulent morsels of intellectual property news with the aim of to raising awareness of South East Asia's IP issues to help people understand this diverse region's IP complexities.
Tuesday, January 8, 2013
Speeding up criminal IP trials in Philippines
One of the reasons for the inordinately slow pace of
Philippines IPR criminal cases is that every witness is called to multiple
hearings for examination, cross and re-examination. It has been in theory
possible to provide affidavit evidence to replace examination in chief, but
defendants frequently object, usually with no purpose ( e.g. even about
incontrovertible evidence such as where the raid took place, or the storage of the goods seized).
New Judicial Affidavit Rules (A.M. No. 12-8-8-SC)
took effect on 1 January 2013. The new rules aim to reduce the time completing
testimonies of witnesses in cases under litigation by requiring the submission
of judicial affidavits in lieu of direct testimoniy. At least it removes
evidence in chief hearings, which can often take a full year to complete.But on 2 January 2013, the Prosecutors'
League of the Philippines (PLP) requested the deferment of the rule for at
least one (1) year. The Supreme Court will address this
request for deferment by the PLP in a hearing on 8 January 2013.
The legal system's prediction for delay and over-reliance
on technicalities over substance is the source of the problem. Hopefully the
Supreme Court will see the sense of speedier trials.