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The Notice of Opposition or Petition for Cancellation, together with the affidavits of witness and documentary or object evidence and other supporting evidence, must be filed with the Bureau of Legal Affairs (BLA). The Opposition or Petition must be verified and accompanied by the prescribed fees.
The Respondent must file a Verified Answer within thirty (30) days from receipt of the Notice to Answer. Upon proper motion and payment of the required fee, the BLA may grant additional periods of thirty (30) days within which to file the Answer provided it shall not exceed ninety (90) days from the receipt of the Notice to Answer.
Failure to File An Answer: In case the Respondent fails to file an Answer or if the Answer is filed out of time, an order of default shall be issued and Opposer or Petitioner shall be required to submit the original or certified copies of the affidavits and documentary and object evidence. The case shall be decided on the basis of the Opposition or Petition, the affidavits of the witnesses and the documentary evidence submitted by the Opposer or Petitioner.
The case shall be referred to mediation. The parties may also inform the BLA of their intention to submit their dispute to arbitration through proper motion withdrawing the case.
The preliminary conference shall be conducted for the purpose of facilitating the resolution of the case through stipulations, clarification and simplification of issues, and the submission and/or presentation of the original or certified true copies of affidavits, documents and other evidence.
The Hearing Officer shall issue an order setting the conduct of a preliminary conference within ten (10) days after receipt of the Answer. If the case is referred to mediation, the preliminary conference shall be conducted only after the mediation has failed, in which case, the order shall be issued within three (3) days from the BLA’s receipt of the notice of failure of mediation.
The preliminary conference shall be conducted within 10 days from the issuance of the order.
A party who fails to attend the preliminary conference or represented by a counselor any other person without the necessary power of attorney or appropriate corporate authorization shall be deemed to have waived the right to submit position papers.
Upon the termination of the preliminary conference, the Hearing Officer shall issue an order in open court, requiring the parties to submit their respective position papers within 10 days from the issuance of the order.
The position papers shall take up only those matters and issues covered or alleged in the petition or opposition and the Answer, the supporting evidence, and those determined during the preliminary conference. No new matters or issues shall be raised or included in the position papers.
After the lapse of the reglementary period within which to file the position paper, the case is deemed submitted for decision.
