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Ku vs. RCBC Securities, Inc., GR No. 219491, October 17, 2018
Ku vs. RCBC Securities, Inc., GR No. 219491, October 17, 2018
Held:
YES, RTC Branch 63 has jurisdiction.
The Court finds, and so holds, that the case is not an intra-corporate
dispute and, instead, is an ordinary civil action. There are no intra-
corporate relations between the parties. Ku is neither a stockholder,
partner, member or officer of RCBC Securities corporation. The parties'
relationship is limited to that of an investor and a securities broker.
Moreover, the questions involved neither pertain to the parties' rights and
obligations under the Corporation Code, if any, nor to matters directly
relating to the regulation of the corporation.
On the basis of the foregoing, since the Complaint filed by Ku
partakes of the nature of an ordinary civil action, it is clear that it was
correctly raffled-off to Branch 63. Hence, it is improper for it (Branch 63) to
have ordered the re-raffle of the case to another branch of the Makati RTC.
Nonetheless, the September 12, 2013 Order of Branch 63, although
erroneous, was issued in the valid exercise of the RTC's jurisdiction. Such
mistaken Order can, thus, be considered as a mere procedural lapse which
does not affect the jurisdiction which the RTC of Makati had already
acquired.
Moreover, while designated as a Special Commercial Court, Branch
149, to which it was subsequently re-raffled, retains its general jurisdiction
to try ordinary civil cases such as Ku's Complaint. In addition, after its re-
raffle to Branch 149, the case remained docketed as an ordinary civil case.
Thus, the Order dated October 12, 2013 was, likewise issued by Branch
149 in the valid exercise of the RTC's jurisdiction.
WHEREFORE, the instant petition for review on certiorari is GRANTED.