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    Civ Pro Cases - Venue Discussion

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    Christine Marie

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    Civ Pro Cases - Venue Discussion

    Uploaded by

    Christine Marie
    3 views2 pages

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    3 views2 pages

    Civ Pro Cases - Venue Discussion

    Uploaded by

    Christine Marie

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CIVPRO: Attorney’s Quotes

    What is the venue of an action for


    Other Topics: dissolution of partnership and for
    accounting where the complainant also
    prays for the sale of a real property
    belonging to the partnership? PERSONAL

    An action for dissolution of partnership


    and accounting is a personal action even
    if the complaint also prays for the sale of
    a real property. Kaya walang location of
    the property in the prob…it’s irrelevant
    anyway.

    A real action is one that affects title to or


    possession of a real property. Pay
    attention the use of the word “prays”.
    Hindi naman title or possession ng real
    property ang usapin. Kaya personal action
    yun.

    Senators are immune for arrests while in One in which the plaintiff seeks d
    session. recovery of real property – Ex. of Real
    Action
    When the offense committed is not more
    than 6yrs imprisonment.
    G. RULE 4 – VENUE
    Is punishable by not more than 6yrs 1. Venue vs. Jurisdiction
    i. Nocum v. Lucio Tan, G.R. No.
    So there are 2 qualifications here: 1. 145022, 23 Sept 2005
    Gravity of the offense; 2. Congress is in 2. Venue in Civil Cases vs. Criminal Cases
    session. i. Nocum vs. Lucio Tan
    3. Venue of Real Actions
    D arest is not valid under artircle 6 section 11 4. Venue of Personal Actions - Page 166
    of 1987 phil constitution not punishable not 1. Sec. 2, Rule 4, RoC
    more dan 6year wyl d congress in session - transitory (moves) / depending on
    the residences of the parties
    - several parties/ formal and nominal
    - more than 1 plaintiff – residence of
    CIVPRO Discussion the principal should be the basis for
    (Mar. 19, 2024 Tuesday) Absent Ako determining the venue
    2. Defendant Non-Resident – venue
    Ended @ page 168 #5 – Actions for is where the plaintiff or any of the
    Damages principal plaintiff resides, or where
    non-resident defendant may be found
    AS: Collection of sum of money (recovery of Ex. Canadian tourist – QC or Manila
    deficiency) on the foreclosure of mortgage 3. “Resides” – place of abode, w
    can be filed at Zamboanga City permanent or temp, of the plain. Or
    def.
    if the defendant is not residing in the - distinguished from “domicile”-
    Philippines, saan pwede i-file? means fixed permanent residence,
    when absent, one has intention of
    Personal action: plaintiff’s choice - returning
    residence niya or where the defendant - Ex. For the purpose of venue, in an
    may be found in the phils. action for sum of money – Manila
    4. Domestic Corporation residence –
    Real action: place where the real property is the place within the Phils., where its
    is situated. principal office is located
    1
    - latter (latest, recent)
    5. PERSONAL ACTION - Actions for
    damages & actions to collect a sum of
    money must be filed in either;
    a. residence of the plaintiff
    b. residence of the defendant
    at the election of the plaintiff
    6.
    5. Venue of Actions Against Non-Residents
    Page 7 of 23
    6. When the Rules on Venue Do not apply
    i. Ley Construction & Development
    Corp vs. Sedan, G.R.
    No. 222711, 23 Aug 2017
    ii. Unimasters Conglomeration Inc. vs.
    CA, G.R. No.
    119657, 7 February 1997
    7. Effects of Stipulation on Venue
    8. Rule 8, Sec. 12

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