Practice question
A commercial case is filed before the proper RTC but mistakenly raffled to a regular branch. That RTC has exactly one designated Special Commercial Court branch. What do the Gonzales guidelines direct?
- Dismiss the case automatically for absence of statutory jurisdiction.
- Send it back to the SEC in every case.
- Let the regular branch ignore the designation permanently.
- Refer it to the Executive Judge for re-docketing as a commercial case and assignment to the sole special branch.
- Transfer it to the MTC solely because of the raffle mistake.
Legal references
- https://lawphil.net/judjuris/juri2015/nov2015/gr_202664_2015.html — Gonzales v GJH Land, GR202664, November10 2015, main decision.
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