Article 39Supplement v1, p. 39

COMMERCIAL LAWS SUPPLEMENT

their

powers

and

performance

of

their

duties

and

functions.

The Commission shall underwrite or advance litigation

costs

and

expenses,

including

legal

fees and other

expenses of external counsel, or provide legal assistance

to its Chairperson, Commissioners, officers, employees, or

agents

in

connection

with

any

civil,

criminal,

administrative or any other action or proceeding, to

which

they

are

made

a

party

by

reason

of, or in

connection with, the exercise of authority or performance

of duties and functions under this Act: Provided, That

such legal protection shall not apply to any civil, criminal,

administrative, or any action or proceeding that may be

initiated by the Commission, against such Chairperson,

Commissioners, officers, employees, or agents: Provided,

further, That the Chairperson, Commissioners, officers,

employees, or agents, who shall resign, retire, transfer to

another agency or be separated from the service, shall

continue to be provided with such legal protection in

connection with any act done or omitted to be done by

them in good faith during their tenure or employment

with the Commission: Provided, finally, That in the event

of a settlement or compromise, indemnification shall be

provided only in connection with such matters covered

by the settlement as to which the Commission is advised

by counsel that the persons to be indemnified did not

commit any negligence or misconduct.

The

costs

and

expenses

incurred

in

defending the

aforementioned action, suit or proceeding may be paid

by the Commission in advance of the final disposition of

such

action, suit or proceeding upon receipt of an

undertaking

by

or

on

behalf

of

the

Chairperson,

Commissioner, officer, employee, or agent to repay the

amount advanced should it ultimately be determined by

the

Commission

that

one

is

not

entitled

to

be

indemnified as provided in this section.

Section 44. Jurisdiction of the Regional Trial Court. – The

Regional Trial Court of the city or province where the

entity or any of the entities whose business act or

conduct

Constitutes

the

subject

matter

of

a

case,

conducts

its

principal

place

of

business,

shall have

original

and

exclusive

jurisdiction,

regardless

of

the

penalties and fines herein imposed, of all criminal and

civil cases involving violations of this Act and other

competition-related laws. If the defendant or anyone is

charged in the capacity of a director, officer, shareholder,

employee, or agent of a corporation or other juridical

entity

who

knowingly

and

willfully

authorized

the

commission of the offense charged, the Regional Trial

Court of the city or province where such corporation or

juridical entity conducts its principal place of business,

shall have jurisdiction.

Section 45. Private Action. – Any person who suffers

direct injury by reason of any violation of this Act may

institute a separate and independent civil action after the

Commission

has

completed

the

preliminary

inquiry

provided under Section 31.

CHAPTER VIII OTHER PROVISIONS

Section 46. Statute of Limitations. — Any action arising

from a violation of any provision of this Act shall be

forever barred unless commenced within five (5) years

from:

➔

For criminal actions, the time the violation is

discovered by the offended party, the authorities, or their

agents; and

➔

For administrative and civil actions, the time the

cause of action accrues.

Section 47. Prohibition on the Issuance of Temporary

Restraining

Orders,

Preliminary

Injunctions

and

Preliminary Mandatory Injunctions. — Except for the

Court of Appeals and the Supreme Court, no other court

shall issue any temporary restraining order, preliminary

injunction or preliminary mandatory injunction against

the Commission in the exercise of its duties or functions:

Provided, That, this prohibition shall apply in all cases,

disputes or controversies instituted by a private party,

including, but not limited to, cases filed by entities or

those claiming to have rights through such entities:

Provided, however, That, this prohibition shall not apply

when the matter is of extreme urgency involving a

constitutional issue, such that the non-issuance of a

temporary restraining order will result in grave injustice

and irreparable injury to the public: Provided, further,

That, the applicant shall file a bond, in an amount to be

fixed by the Court, but in no case shall it exceed twenty

percent (20%) of the imposable fines provided for under

Chapter VI, Section 29 of this Act: Provided, finally, That in

the event that the court finally decides that the applicant

was not entitled to the relief applied for, the bond shall

accrue in favor of the Commission.

Any temporary restraining order, preliminary injunction

or preliminary mandatory injunction issued in violation of

this section is void and of no force and effect. Any judge

who violates this section shall be penalized by suspension

of at least one (1) year without pay in addition to other

criminal, civil or administrative penalties.

Section 48. Trade Associations. – Nothing contained in

this Act shall be construed to prohibit the existence and

operation of trade associations organized to promote

quality standards and safety issues: Provided, That, these

associations shall not in any way be used to justify any

violation of this Act: Provided, however, That it shall not be

illegal to use the association as a forum to discuss or

promote quality standards, efficiency, safety, security,

productivity,

competitiveness

and

other

matters

of

common interest involving the industry: Provided, further,

That such is done without any anti-competitive intent or

effect.

Section 49. Congressional Oversight Committee. – To

oversee the implementation of this Act, there shall be

created

a

Congressional

Oversight

Committee

on

Competition (COCC) to be composed of the Chairpersons

of the Senate Committees on Trade and Commerce,

Economic Affairs, and Finance, the Chairpersons of the

House

of

Representatives

Committees

on

Economic

Affairs, Trade and Industry, and Appropriations and two

(2) members each from the Senate and the House of

Representatives who shall be designated by the Senate

President

and

the

Speaker

of

the

House

of

Representatives: Provided, That one (1) of the two (2)

Senators and one (1) of the two (2) House Members shall

be nominated by the respective Minority Leaders of the

Senate

and

the

House

of

Representatives.

The

Congressional

Oversight

Committee

shall

be

jointly

chaired by the Chairpersons of the Senate Committee on

Trade and Commerce and the House of Representatives

Committee on Economic Affairs. The Vice Chairperson of

the Congressional Oversight Committee shall be jointly

held by the Chairpersons of the Senate Committee on

Economic

Affairs

and

the

House of Representatives

Committee on Trade and Industry.

The Secretariat of the COCC shall be drawn from the

existing

personnel

of

the

Senate

and

House

of

Representatives

committees

comprising

the

Congressional Oversight Committee.

CHAPTER IX FINAL PROVISIONS

Section 50. Implementing Rules and Regulations. —

Within one hundred eighty (180) days from the effectivity

of this Act, the Commission, in consultation with the

DOJ-OFC

and

concerned

sector

regulators

shall

promulgate

the

necessary

implementing

rules

and

regulations for the implementation of this Act: Provided,

That, the Commission may revise such implementing

rules and regulations as it deems necessary: Provided,

however,

That such revised implementing rules and

regulations

shall

only

take

effect

fifteen

(15)

days

following its publication in two (2) newspapers of general

circulation.

© Compiled by RGL

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