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Rule 1.2. Nature of the proceedings.

-All proceedings under the Special ADR Rules


are special proceedings.
Manual for Executive Judges (2009)

9
Special Raffle
As a rule, there shall be no special raffle of any case except in petitions
for writ of habeas corpus, applications for bail in cases where the
complaint or information has not yet been filed with the court,
applications for the issuance of a temporary restraining order (TRO),
cases involving foreign tourists, cases with motions for special raffle
accompanied by a motion for reduction of bail, applications for the
issuance of search warrants, applications for protection order,
petitions for writ of
amparo
and petitions for writ of
habeas data
.
The special raffle shall be conducted upon written application of a
party. A certification granting or denying the application and citing
the reason/s therefor shall be issued accordingly. Such certification
shall be attached to the record of the case or
expediente
immediately
and shall form part of the record of the case. For expediency, the
Executive Judge shall be allowed to write the action on the application
if there are no other reasons aside from those mentioned in the
application.
If the application is granted, the special raffle shall be held in the
session hall of the Executive Judge in the presence of the members
of the Raffle Committee scheduled to sit on the date of raffle, or, if
not available, the members of the Raffle Committee of the next regular
raffle. The phrase special raffle shall be written on the upper lefthand corner of the complaint or information in the same manner as
in regular raffle. A certification to the effect that a special raffle was
duly held and that the case was assigned to the branch drawn in the
process shall be issued and signed by all the members of the Raffle
Committee.
The date and time of the raffle shall be written on the front cover of
the record of the case or
expediente

and on the first page of the


initial pleading and signed by the members of the Raffle Committee (A.M. NO.
03-8-02-SC, February 15, 2004)
Special Raffle

c)
Cases Cognizable by the S
pecial Commercial Court
s
1) The Special Commercial Courts shall 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.
(OCA Circular
No. 82-2003, June 30, 2003)
It shall also handle violations of intellectual property rights
under Intellectual Property Code, Republic Act No. 8293.
(A.M. No. 0303-03-SC, June 17, 2003)
2) All cases involving admiralty and maritime laws shall be tried
and decided by Special Commercial Courts, except those
which have already undergone the pre-trial stage in civil cases
and arraignment stage in criminal cases in the ordinary courts,
in which case the same shall be retained by the court
previously assigned to try them. The unloaded cases
transferred to the Special Commercial Courts shall be
considered as raffled to them to maintain an equal distribution
of cases.
(OCA Circular No. 50-2005, May 3, 2005)
3) 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/SEC/Admiralty or Maritime case assigned
to a Special Commercial Court should be considered a case
raffled to it and be duly credited to such court.
(OCA Circular
No. 82-2003, June 20, 2003)
(Manual for Executive Judges, October 28, 2009)

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