Practice question
A commercial case is filed before the proper RTC, which has no internal branch designated as a Special Commercial Court. The litigants argue that the case must either stay in any regular branch or be dismissed without further action. What course does Gonzales guideline1.3 prescribe?
- Send the parties to barangay arbitration as the final forum.
- Refer the case to the nearest RTC with a designated Special Commercial Court branch within the judicial region, with the prescribed re-docketing and assignment or raffle.
- Transfer the case automatically to the SEC.
- Allow the parties to appoint an ad hoc commercial judge.
- Close the case permanently without considering referral.
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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