EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
CTraalV
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. NO. 1375
20 
FEB 26 P 4 ’-32
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
TRANSFERRING THE JURISDICTION OF CRIMINAL CASES ARISING 
FROM VIOLATIONS OF COMMERCIAL LAWS TO SPECIAL COMMERCIAL 
COURTS
EXPLANATORY NOTE
Since the designation of the Supreme Court Regional Trial Courts (RTC) to act as 
Special Commercial Courts, various trainings have been provided to judges to 
help them understand the complexities of various commercial laws they are 
tasked to implement. As a result, Judges of Special Commercial Courts have now 
become specialists or experts in handling commercial cases.
However, because of the current legal text of Section 5.2. of Republic Act 8799, 
also known as the Securities Regulation Code, Special Commercial Courts and 
regular RTCs seem to exercise concurrent jurisdiction insofar as the criminal 
aspects of commercial cases are concerned. Since only civil aspects of the 
commercial cases are assigned to Special Commercial Courts, criminal violations 
of commercial laws are still tackled by regular RTC Judges who may not be as 
astute as judges with deep background on commercial matters.
Section 5.2. of Republic Act 8799, also known as the Securities Regulation Code 
states that:


"5.2. The Commission's jurisdiction over all cases enumerated under 
section 5 of Presidential Decree No. 902-A is hereby transferred to the 
Courts of general jurisdiction or the appropriate Regional Trial Court: 
Provided, That the Supreme Court in the exercise of its authority may 
designate the Regional Trial Court branches that shall exercise 
jurisdiction over the cases. The Commission shall retain jurisdiction 
over pending cases involving intra-corporate disputes submitted for 
final resolution which should be resolved within one (1) year from the 
enactment of this Code. The Commission shall retain jurisdiction over 
pending suspension of payment/rehabilitation cases filed as of 30 June 
2000 until finally disposed."
Given the current legal situation, the best solution is to transfer jurisdiction on 
criminal cases on commercial matters to Special Commercial Courts since judges 
of the latter courts are better-equipped to handle these cases.
For the above reasons, the passage of this bill is earnestly recommended.
MARIA LOURDES N A N C ^. BINAY 
Senator


EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
^EUaU'
OF THE PHILIPPINES 
) 
(Ottit# o( tijc jfc»'rrrt«rp
First Regular Session 
)
SENATE
s.B. NO. 1375
20 
^EB 26 P4 32
R E c i "  
?  n  ■
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
TRANSFERRING THE JURISDICTION OF CRIMINAL CASES ARISING 
FROM VIOLATIONS OF COMMERCIAL LAWS TO SPECIAL COMMERCIAL 
COURTS
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Amendment. -  Section 5 of Republic Act 8799 is hereby
2 
amended to read as follows:
3
4 
"5.1. X X X
5 
5.2. The Commission's jurisdiction over all cases enumerated
6 
under section 5 of Presidential Decree No. 902-A is hereby
7 
transferred to the Courts of general jurisdiction or the appropriate
8 
Regional Trial Court: Provided, That the Supreme Court in the
9 
exercise of its authority may designate the Regional Trial Court
10 
branches that shall exercise jurisdiction over the cases. The
11 
Commission shall retain jurisdiction over pending cases involving
12 
intra-corporate disputes submitted for final resolution which
13 
should be resolved within one (1) year from the enactment of this
14 
Code. The Commission shall retain jurisdiction over pending
15 
suspension of payment/rehabilitation cases filed as of 30 June
16 
2000 until finally disposed.
17


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3
4
5
6
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1
11
5.3. JURISDICTION OVER CRIMINAL CASES FOR VIOLATION OF 
THE CORPORATION CODE, SECURITIES REGULATION CODE, 
PRESIDENTIAL DECREE 902-A, INTELLECTUAL PROPERTY CODE, 
INSURANCE 
CODE, 
FINANCIAL 
REHABILITATION 
AND 
INSOLVENCY ACT OF 2010 AND OTHER SPECIAL COMMERCIAL 
COURTS CURRENTLY DESIGNATED AS SUCH OR SUCH AS MAY 
BE ADDITIONALLY DESIGNATED BY THE SUPREME COURT."
Sec. 2. Effectivity Clause. -  This Act shall take effect fifteen (15) days 
after its complete publication in at least two (2) newspapers of general 
circulation.
Approved,