Civ Pro Cases - Venue Discussion
Civ Pro Cases - Venue Discussion
Civ Pro Cases - Venue Discussion
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