Practice question
An ordinary civil action otherwise within the proper RTC's jurisdiction is mistakenly raffled to its designated Special Commercial Court branch. The defendant seeks dismissal because the branch is 'commercial only.' The Executive Judge instead proposes re-docketing and raffle to all branches of that RTC, subject to existing internal rules. Which is correct?
- The Executive Judge's proposal follows Gonzales; designated branches remain included in the ordinary-case raffle.
- Dismissal is mandatory because designation destroys general jurisdiction.
- The plaintiff must convert the dispute into an intra-corporate case.
- Only the SEC may correct the error.
- The case must go to the Supreme Court for original trial.
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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