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Answer Sheet-Aaplication
Answer Sheet-Aaplication
4. Joinder of the causes of action may 9. A cause of action is the act or omission by
involve the same or different parties. In this which a party violates a right of another.
case, the joinder involves different parties,
there must be a question of fact or of law Elements: (RDA)
common to both parties joined, arising out (1) a right existing in favor of the
of the same or series of transaction. plaintiff
(2) a duty on the part of the defendant
5. Whether or not the trial court acquired to respect the plaintiff's right
jurisdiction over the person of petitioner (3) an act or omission of the defendant
and her minor child depends on the nature in violation of such right.
of private respondent's action, that is, in
personam, in rem or quasi in rem.
the action filed by petitioner was for annulment 9. Section 2 of Rule 4 of the Rules of Court- All other
or recession of a sale of real property is a real actions may be commenced and tried where the
action. Its prime objective is to recover the said defendants or any of the defendants resides or may
be found, or where the plaintiff or any of the
real property. An action to annul the
plaintiffs resides, at the election of the plaintiff. The
foreclosure sale is an action affecting the title of choice of venue for personal actions is given to the
the property sold. It is therefore a real action, in plaintiff/petitioners. The option of the plaintiff is
which the proper venue is the place where the either the place where the defendant resides or the
real property in controversy is located/lies. place where the plaintiff resides.
2. The New Rules of Court provides that when 10. Resides means the place of abode, whether
“the action is not upon a written contract, then permanent or temporary. Domicile means a
in the municipality where the defendant or any permanent or legal residence.
of the defendants resides or may be served
with summons.” 11. In the present case, it uses the word “MAY”
at the back of their contract. The word “MAY”
3. RESIDENCE of a corporation is the place is merely permissive and it confer discretion to
both parties. Since the complaint has been filed
where its principal office is established.
in the Court of First Instance of Pampanga,
where the plaintiff resides, the venue of action
4. The fact that there are branch offices in some (considering that it is a personal action) is
parts of the country does not mean that it can properly laid in accordance with Section 2 (b),
be sued in any of these places. To allow an Rule 4 of the Rules of Court.
action to be instituted in any place where a
corporate entity has its branch offices, it would 12. NO. Polytrade Doctrine applied in this case.
create confusion and inconvenience to the The doctrine states that, as long as the
corporation. stipulation does not set qualifying or restrictive
words to indicate that the agreed place is the
5. A corporation is a resident of the place only and exclusively the venue of the action, the
where its principal office is located as stated in parties still has the option of choosing the venue.
the articles of incorporation.
Under Rule 4 of Rules of Court, the venue of
6. Actions cannot be file against a corporation any personal action is where the defendants or
in any place where the corporation maintains any of the defendants resides or may be
its branch offices. found, or where the plaintiff or any of the
plaintiffs resides, at the election of the plaintiff.
13. Moto proprio (on one’s own inititiative) venue stipulation contained in the written
dismissal of complaint on the ground of improper instrument/agreement and should be filed in
venue is plain error. Venue relates to trial not to accordance with the general rules on venue.
jurisdiction, touches more of the convenience of the
parties rather that the substance of the case.
In the instant case, the petitioner’s action is a real Petitioner’s complaint directly assails the
action. However the RTC of Rizal would still have validity of the contracts, claiming forgery in
jurisdiction over the case. Pursuant to Sec. 19 of BP their execution. Thus, petitioner cannot be
129, the RTC shall exercised exclusive original expected to comply with the venue
jurisdiction over "all civil actions which involve the
stipulation. Petitioner filed his complaint in
title to, or possession of, real property, or any
RTC City of Manila where the subject property
interest therein . . ." The private respondent fails to
is located.
challenge timely the venue in a motion to dismiss
and allows the trial to be held and render decision.
Technically speaking, the venue was wrong, but
maybe acceptable for the convenience of the
parties.