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November 16, 2015

EN BANC
A.M. No. 03-03-03-SC
AMENDMENT OF A.M. NO. 03-03-03-SC DATED JUNE 17, 2003, FOR THE
EXPANSION OF THE COVERAGE OF CASES COGNIZABLE BY SPECIAL
COMMERCIAL COURTS TO INCLUDE ALL CASES ON INSOLVENCY AND
LIQUIDATION UNDER THE FRIA

RESOLUTION
WHEREAS, Section 6 of Republic Act (R.A.) No. 10142, otherwise known as
the Financial Rehabilitation and Insolvency Act of 2010 (the FRIA) empowers the
Supreme Court to designate the courts that will hear and resolve cases brought
thereunder and to promulgate the rules of pleading, practice, and procedure that will
govern such proceedings;
WHEREAS, in view of the passage of R.A. No. 8799, which transferred the
jurisdiction of the Securities and Exchange Commission over all cases enumerated
under Section 5 of Presidential Decree No. 902-A, including cases involving
rehabilitation of corporations, partnerships, and other associations, to the Regional
Trial Courts, A.M. No. 03-03-03-SC dated June 17, 2003 designated Special
Commercial Courts to handle these cases, as well as intellectual property cases;
WHEREAS, A.M. No. 03-03-03-SC needs to be further strengthened in order
to address the gaps in venue caused by the limited number of designated Special
Commercial Courts per judicial region;
WHEREAS, Sections 18 and 23 of Batas Pambansa Bilang 129 (The Judiciary
Reorganization Act of 1980) authorize the Supreme Court to define the territorial
authority of the branches of the Regional Trial Court to allow better access to justice;
WHEREAS, cases governed by the FRIA for (1) the rehabilitation of sole
proprietorships, (2) insolvency and liquidation of corporations, partnerships and other
associations, and (3) insolvency and suspension of payments/discharge of individuals,
are likewise special cases that are commercial in nature;
WHEREAS, liquidation cases emanating from administrative proceedings, not
from the FRIA, are likewise commercial in nature:
TCAScE

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WHEREAS, to streamline the court structure and promote expediency and


efficiency in handling special commercial cases, the exercise of jurisdiction to hear
and decide all rehabilitation, insolvency and liquidation cases brought under the FRIA
and those emanating from administrative proceedings are best consolidated under the
Special Commercial Courts.
NOW, THEREFORE, the Court Resolves:
1.

That (1) cases governed by the FRIA for (a) the rehabilitation of
sole proprietorships, (b) the insolvency and liquidation cases of
corporations, partnerships and other associations, and (c)
insolvency and suspension of payments/discharge of individuals,
and (2) those liquidation cases emanating from administrative
proceedings shall be heard and decided by the designated Special
Commercial Courts;

2.

Upon the effectivity of this Resolution, all newly filed and pending
cases mentioned in the immediately preceding paragraph shall be
assigned or transferred to the designated Special Commercial
Courts having territorial jurisdiction over them;

3.

When there is no Special Commercial Court designated to hear and


decide a case filed within a specific territory in accordance with
the existing rules on venue, the case may be filed in the nearest
designated Special Commercial Court within the judicial region of
said territory; and

4.

In order to ensure a just and equitable distribution of cases, the


designated Special Commercial Courts shall continue to participate
in the raffle of other cases. Provided, however, that the Executive
Judge concerned shall adopt a procedure whereby every
rehabilitation, insolvency or liquidation case assigned or
transferred to a Special Commercial Court shall be duly credited to
such court.

This Resolution shall take effect fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of national circulation.

(SGD.) MARIA LOURDES P.A. SERENO


Chief Justice

(SGD.) ANTONIO T. CARPIO


Associate Justice

(SGD.) PRESBITERO J. VELASCO, JR.


Associate Justice
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(SGD.) TERESITA J. LEONARDO-DE CASTRO


Associate Justice

(SGD.) ARTURO D. BRION


Associate Justice

(SGD.) DIOSDADO M. PERALTA


Associate Justice

(SGD.) LUCAS P. BERSAMIN


Associate Justice

(SGD.) MARIANO C. DEL CASTILLO


Associate Justice

(SGD.) MARTIN S. VILLARAMA, JR.


Associate Justice

(SGD.) JOSE PORTUGAL PEREZ


Associate Justice

(SGD.) JOSE CATRAL MENDOZA


Associate Justice

(SGD.) BIENVENIDO L. REYES


Associate Justice

(SGD.) ESTELA M. PERLAS-BERNABE


Associate Justice

(SGD.) MARVIC M.V.F. LEONEN


Associate Justice

(SGD.) FRANCIS H. JARDELEZA


Associate Justice

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Published in The Philippine Star on January 14, 2016.

(2)
June 16, 2015

EN BANC
A.M. No. 03-03-03-SC
AMENDMENT OF A.M. NO. 03-03-03-SC DATED JUNE 17, 2003, FOR THE
EXPANSION OF THE COVERAGE OF CASES COGNIZABLE BY THE SPECIAL
COMMERCIAL COURTS TO INCLUDE ALL CASES ON INSOLVENCY AND
LIQUIDATION UNDER THE FRIA

RESOLUTION
WHEREAS, Section 6 of Republic Act (R.A.) No. 10142, otherwise known as
the Financial Rehabilitation and Insolvency Act of 2010 (the FRIA) empowers the
Supreme Court to designate the courts that will hear and resolve cases brought
thereunder and to promulgate the rules of pleading, practice, and procedure that will
govern such proceedings;
WHEREAS, in view of the passage of R.A. No. 8799, which transferred the
jurisdiction of the Securities and Exchange Commission over all cases enumerated
under Section 5 of Presidential Decree No. 902-A, including cases involving
rehabilitation of corporations, partnerships, and other associations, to the Regional
Trial Courts, A.M. No. 03-03-03-SC dated June 17, 2003 designated Special
Commercial Courts to handle these cases, as well as intellectual property cases;
WHEREAS, A.M. No. 03-03-03-SC needs to be further strengthened in order
to address the gaps in venue caused by the limited number of designated Special
Commercial Courts per judicial region;
WHEREAS, Sections 18 and 23 of Batas Pambansa Bilang 129 (The Judiciary
Reorganization Act of 1980) authorize the Supreme Court to define the territorial
authority of the branches of the Regional Trial Court to allow better access to justice;
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Philippine Law Encyclopedia 2015

acEHCD

WHEREAS, cases governed by the FRIA for (1) the rehabilitation of sole
proprietorships, (2) insolvency and liquidation of corporations, partnerships and other
associations, and (3) insolvency and suspension of payments/discharge of individuals,
are likewise special cases that are commercial in nature;
WHEREAS, liquidation cases emanating, not from the FRIA but, from
administrative proceedings are likewise commercial in nature;
WHEREAS, to streamline the court structure and promote expediency and
efficiency in handling special commercial cases, the exercise of jurisdiction to hear
and decide all rehabilitation, insolvency and liquidation cases brought under the FRIA
and those emanating from administrative proceedings are best consolidated under the
Special Commercial Courts.
NOW, THEREFORE, the Court Resolves:
1.

That (1) cases governed by the FRIA for (a) the rehabilitation of
sole proprietorships, (b) the insolvency and liquidation cases of
corporations, partnerships and other associations, and (c)
insolvency and suspension of payments/discharge of individuals,
and (2) those liquidation cases emanating from administrative
proceedings shall be heard and decided by the designated Special
Commercial Courts;

2.

Upon the effectivity of this Resolution, all newly filed and pending
cases mentioned in the immediately preceding paragraph shall be
assigned or transferred to the designated Special Commercial
Courts having territorial jurisdiction over them;

3.

When there is no Special Commercial Court designated to hear and


decide a case filed within a specific territory in accordance with
the existing rules on venue, the case may be filed in any designated
Special Commercial Court within the judicial region of said
territory; and

4.

In order to ensure a just and equitable distribution of cases, the


designated Special Commercial Courts shall continue to participate
in the raffle of other cases. Provided, however, that the Executive
Judge concerned shall adopt a procedure whereby every
rehabilitation, insolvency or liquidation case assigned or
transferred to a Special Commercial Court shall be duly credited to
such court.

This Resolution shall take effect fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of national circulation.
SDHTEC

(SGD.) MARIA LOURDES P. A. SERENO


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Chief Justice
(SGD.) ANTONIO T. CARPIO
Associate Justice
(SGD.) PRESBITERO J. VELASCO, JR.
Associate Justice
(SGD.) TERESITA J. LEONARDO-DE CASTRO
Associate Justice
(SGD.) ARTURO D. BRION
Associate Justice
On official leave
DIOSDADO M. PERALTA
Associate Justice
(SGD.) LUCAS P. BERSAMIN
Associate Justice
(SGD.) MARIANO C. DEL CASTILLO
Associate Justice
(SGD.) MARTIN S. VILLARAMA, JR.
Associate Justice
(SGD.) JOSE PORTUGAL PEREZ
Associate Justice
(SGD.) JOSE CATRAL MENDOZA
Associate Justice
(SGD.) BIENVENIDO L. REYES
Associate Justice
(SGD.) ESTELA M. PERLAS-BERNABE
Associate Justice
On official leave
MARVIC M.V.F. LEONEN
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Associate Justice
(SGD.) FRANCIS H. JARDELEZA
Associate Justice

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June 17, 2003

July 1, 2003

A.M. No. 03-03-03-SC


RE: CONSOLIDATION OF INTELLECTUAL PROPERTY COURTS WITH
COMMERCIAL COURTS

RESOLUTION

WHEREAS, to implement the provisions of Section 5.2 of Republic Act No.


8799 (The Securities Regulation Code), and in the interest of a speedy and efficient
administration of justice, the Supreme Court en banc, in the (a) Resolution dated 21
November 2000 (Annex 1), 4 July 2001 (Annex 1-a), 12 November 2002 (Annex
1-b), and 9 July 2002 (Annex 1-c), all issued in A.M. No. 00-11-03-SC; (b)
Resolution dated 27 August 2001 in A.M. No. 01-5-298 RTC (Annex 2); and (c)
Resolution dated 8 July 2002 in A.M. No. 01-12-656-RTC (Annex 3), resolved to
designate certain branches of the Regional Trial Courts to try and decide cases
formerly cognizable by the Securities and Exchange Commission;
WHEREAS, pursuant to the same Resolution, sixty-five (65) Regional Trial
Courts, distributed in all regions (NCJR and Regions 1-XII), were designated as SEC
courts ("SEC Courts"), which courts have presently a total of 812 pending SEC cases
(see Annex 6, Table);
WHEREAS, in A.O. No. 113-95, dated 2 October 1995, as amended by A.O.
No. 104-96, dated 21 October 1996, the Regional Trial Courts in the National Capital
Regions and Regions 3, 4, 6, 7, 9, 10 and 11, with-twenty seven (27) judges, were
specially designated to try and decide cases for violations of Intellectual Property
Rights (Annex 4), and to ensure the speedy disposition of cases involving violations
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of intellectual property rights under the Intellectual Property Code (Rep. Act No.
8293), the Supreme Court en banc, in A.M. No. 02-1-11-SC, dated February 19,
2002, designated the Regional Trial Courts in Regions 1, 2, 5, 8 and 12, with a total
of seven (7) judges, and Branch 24 of the Regional Trial Court of Manila with one (1)
judge, as Special Intellectual Property Courts ("Special IP Courts") (Annex 5);
WHEREAS, pursuant to A.M. No. 02-1-11-SC and A.O. No. 113-95, these
Special IP Courts have a total caseload of 503 cases. Of this number 434 IP cases are
pending in the NCJR (Annex 6, Table);
WHEREAS, since the establishment of Special IP Courts (except for the
Special IP Courts in Manila), 15 designated courts, in Regions 1, 2, 3, 4, 5, 6, 7, 8, 9
and 12 have zero (0) IP cases, and do not warrant their continued designations as
Intellectual Property Courts (Annex 7, Table);
WHEREAS, intellectual property cases are commercial in nature;
WHEREAS, to streamline the court structure and to promote expediency and
efficiency in handling such special cases, the jurisdiction to hear and decide IPC and
SEC cases are best consolidated in one court;
NOW, THEREFORE, the Court Resolves:
1.

The Regional Courts previously designated as SEC Courts through


the: (a) Resolutions of this Court dated 21 November 2000, 4 July
2001, 12 November 2002, and 9 July 2002, all issued in A.M. No.
00-11-03-SC, (b) Resolution dated 27 August 2001 in A.M. No.
01-5-298-RTC; and (c) Resolution dated 8 July 2002 in A.M. No.
01-12-656-RTC are hereby DESIGNATED and shall be CALLED
as Special Commercial Courts to try and decide cases involving
violations of Intellectual Property Rights which fall within their
jurisdiction and those cases formerly cognizable by the Securities
and Exchange Commission;

2.

The designation of Intellectual Property Courts under


Administrative Order No. 113-95 dated 2 October 1995, as
amended by Administrative Order No. 104-96 dated 21 October
1996 and Resolution dated 19 February 2002 in A.M. No.
02-1-11-SC, is hereby revoked. However, the Regional Trial
Court, Branch 24, Manila is hereby designated as an additional
Special Commercial Court in the City of Manila;
IHCSET

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3.

Upon the effectivity of this Resolution, all IP cases shall be


transferred to the designated Special Commercial Courts except
those which have undergone the pretrial stage in civil cases or
those where any of the accused has been arraigned in criminal
cases which shall be retained by the court previously assigned to
try them;

4.

The Special Commercial Courts shall have jurisdiction over cases

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arising within their respective territorial jurisdiction with respect to


the National Capital Judicial Region and within the respective
provinces with respect to the First to Twelfth Judicial Regions.
Thus, cases shall be filed in the Office of the Clerk of Court in the
official station of the designated Special Commercial Court;
5.

In the event of inhibition of the judge of a designated Special


Commercial Court, the following guidelines shall be observed: (a)
where there is only one (1) Special Commercial Court, the case
shall be raffled among the other judges in the station; (b) where
there are two (2) Special Commercial Courts in the station, the
Executive Judge shall immediately assign the case to the other
Special Commercial Court; and (c) in case of inhibition of both
judges of the Special Commercial Courts, the Executive judge
shall raffle the case among the judges in the station; and

6.

In order to ensure a just and equitable distribution of cases, the


designated Special Commercial Courts shall continue to participate
in the raffles of other cases. Provided, however, that the Executive
Judge concerned shall adopt a procedure whereby every IP and
SEC case assigned to a Special Commercial Court should be
considered a case raffled to it and duly credited to such court.

This Resolution shall take effect on 1 July 2003 and shall be published in two
(2) newspapers of general circulation.
TAIEcS

(SGD.) HILARIO G. DAVIDE, JR.


Chief Justice
(SGD.) JOSUE N. BELLOSILLO
Associate Justice
(SGD.) JOSE C. VITUG
Associate Justice

(SGD.) REYNATO S. PUNO


Associate Justice
(SGD.) ARTEMIO V. PANGANIBAN
Associate Justice

(SGD.) LEONARDO A. QUISUMBING(SGD.) CONSUELO


YNARES-SANTIAGO
Associate Justice
Associate Justice
(SGD.) ANGELINA SANDOVAL-GUTIERREZ
Associate Justice

(SGD.) ANTONIO T. CARPIO


Associate Justice

(official leave)
MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice

(SGD.) RENATO C. CORONA


Associate Justice

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(SGD.) CONCHITA C. MORALES


Associate Justice

(SGD.) ROMEO J. CALLEJO


Associate Justice

(SGD.) ADOLFO S. AZCUNA


Associate Justice

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Endnotes
1 (Popup - Popup)
PD 902-A
RA 8799
RA 10142
A.M. No. 03-03-03-SC dated June 17, 2003

2 (Popup - Popup)
PD 902-A
RA 8799
RA 10142
SC Resolution A.M. No. 03-03-03-SC (June 17, 2003)

3 (Popup - Popup)
SC Resolutions A.M. No. 03-03-03-SC (June 16, 2015)

SC Resolutions A.M. No. 03-03-03-SC (November 16, 2015)


RA 8293
RA 8799

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