Esuerte V CA

ESUERTE v CA ISSUE:
Whether or not the venue of private respondent Tan's action was improperly
FACTS: laid.
 An action for damages was filed by private respondent Beverly Tan
against petitioners Patria Esuerte and Herminia Jayme with the CFI of HELD:
Cebu. YES!
 On September 22,23 and 27, 1978, Tan, a Junior Resident Physician Section 2(b), Rule 4 of the Rules of Court provides:
of Corazon Locsin-Montelibano Memorial Hospital, Bacolod City, Sec. 2. Venue in Courts of First Instance. —
without any justifiable reason shouted at, humiliated and insulted xxx xxx xxx
Esuerte, Head Nurse, Medicare Department of said hospital and as a (b) Personal Actions. — All other actions may be commenced and tried
result of said incident, Esuerte complained to the Chief of the where the defendants or any of the defendants resides or may be found, or
Hospital, Dr. Motus, in writing. where the plaintiff or any of the plaintiffs resides, at the election of the
 Other petitioner, Jayme, who was one of those who were present at plaintiff.
the time of the incident also sent a letter to Dr. Motus, informing him of The choice of venue for personal actions cognizable by the Regional Trial
what she had witnessed. Court is given to the plaintiff but not to the plaintiff's caprice because the
 As a result thereof, Tan was advised to explain in writing but instead matter is regulated by the Rules of Court.
of explaining only her side of the incident also complained against The rule on venue, like other procedural rules, are designed to insure a just
Esuerte and Jayme. and orderly administration of justice or the impartial and evenhanded
 The Discipline and Grievance Committee of the hospital, conducted a determination of every action and proceeding. The option of the plaintiff in
fact-finding investigation and later, Dr. Motus issued a resolution personal actions cognizable by the Regional Trial Court is either the place
transmitting the records to the Regional Health Office in Jaro, Iloilo where the defendant resides or may be found or the place where the
City. plaintiff resides. If plaintiff opts for the latter, he is limited to that place.
 Esuerte and Jayme filed a motion to dismiss the complaint on the "Resides" in the rules on venue on personal actions means the place of
ground of improper venue and for being premature for failure of Tan to abode, whether permanent or temporary, of the plaintiff or defendants as
exhaust administrative remedies. distinguished from "domicile" which denotes a fixed permanent residence.
 On Jan. 2, 1979, the trial court denied the motion to dismiss. The Venue of personal actions should be at the place of abode or place where
motion for reconsideration was likewise denied. plaintiffs actually reside, not in domicile or legal residence.
There is no question that private respondent as plaintiff in the Civil Case is a
 Esuerte and Jayme filed a petition for certiorari and prohibition with a
legal resident of Cebu City. Her parents live there. However, it cannot also
prayer for preliminary injunction with the Court of Appeals.
be denied that at the time of her filing of the complaint against
 On Sept. 18, 1979, the petition was dismissed without pronouncement
petitioners, she was a temporary resident of Bacolod City. She was then
as to costs. The motion for reconsideration was likewise denied for
employed with the Corazon Locsin Montelibano Memorial Hospital, Bacolod
lack of merit.
City, as resident physician. Moreover, the acts complained of were committed
 It is the contention of Esuerte and Jayme that the proper venue of the in Bacolod City. The private respondents were all residents of Bacolod City at
action filed by Tan should be Bacolod City and not Cebu City. At the the time of the bringing of the action. Though Tan's employment was only
time of the filing of her action in court, Tan was actually residing and temporary there was no showing when this employment will end. Justice
may be found in Bacolod City. In fact, in her statement of assets and would be better served if the complaint were heard and tried in Bacolod City
liabilities, she declared that she is a resident of Bacolod City. where all the parties resided.

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ESUERTE v CA ISSUE:

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