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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENAJE 
s.B.No~174 
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'stnatl' 
IIIllll", • ." 11! •. ,;iorerri3f~ 
·14 lIAR 11 P5 ~o 
RECEIVEH BV:-f--
, Introduced by Senator Maria Lo:urdes Nancy S. Binay 
AN ACT TRANSFERRING THE JURISI)lCTION OF CRIMINAL CASES ARISING 
FROM VIOLATIONS OF COMMERCIAL LAWS TO SPECIAL COMMERCIAL 
COURTS 
EXPLANATORY NOTE 
Since the designation of the Supreme Court of 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 8799 also known as 
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 aSp'ects 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 8799 also known as 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. 
ANCY S. BINAY 
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Senator 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
·14 /tAR 11 P5:00 
S.ENATE 
S.B. No.ll7 4 
RECEIVED UY:-f-
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 of Represen:tatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 5 of Republic Act 8799 is hereby amended to read as follows: 
"5.1. X X X 
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. 
5.3. JURISDICTION OVER CRIMINAL CASES FOR VIOLATION OF THE 
CORPORATION CODE, SECURITIES REGULATION CODE, PRESIDENTIAL 
DECREE 902-A, INTELLECTUAL PROPERTY CODE, INSURANCE CODE, 
FINANC~ REHABILITATION AND INSOLVENCY ACT OF 2010 AND 
OTHER SPECIAL COMMERCIAL LAWS IS HEREBY TRANSFERRED TO 
SPECIAL COMMERCIAL COURTS CURRENTLY DESIGNATED AS SUCH OR 
SUCH AS MAY BE ADDITIONALLY DESIGNATED BY THE SUPREME 
COURT." 
SECTION 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, 
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