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Civ Pro 045 PDF
Civ Pro 045 PDF
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* THIRD DIVISION.
715
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may be found, at the choice of the plaintiff. This rule on venue does
not apply when the law specifically provides otherwise, or when·
before the filing of the action·the contracting parties agree in
writing on the exclusive venue thereof. Venue is not jurisdictional
and may be waived by the parties. A stipulation as to venue does
not preclude the filing of the action in other places, unless
qualifying or restrictive words are used in the agreement.
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venue of actions against the sureties. The legal action against the
sureties arose not only from the SA, but also from the PN.
Same; Same; Same; The cause of action, however, does not affect
the venue of the action.·The cause of action, however, does not
affect the venue of the action. The vital issue in the present case is
whether the action against the sureties is covered by the restriction
on venue stipulated in the PN. As earlier stated, the answer is in
the affirmative. Since the cases pertaining to both causes of action
are restricted to Makati City as the proper venue, petitioner cannot
rely on Section 5 of Rule 2 of the Rules of Court.
PANGANIBAN, J.:
The Case
1
Before us is a Petition for Review under Rule 45 2 of the
Rules of Court, assailing the April 29, 2003 Decision of the
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The Facts
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3 Id., p. 35.
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The Issue
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Sole Issue:
Venue
At the outset, this Court observes that petitioner took
liberties with the stipulated facts to suit its allegations in
the present Petition. In its Complaint, petitioner bank
averred that respondents had entered into the Surety
Agreement (SA) to guarantee existing and future credit
facilities, and that they had executed
9
the Promissory Note
(PN) to document their loan. Now, the bank is claiming
that Tri-Oro issued the PN on which
10
the other respondents
should be made liable as sureties.
This strategy is obviously intended to disconnect the SA
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Rule on Venue
Section 2 of Rule
11
4 of the Rules of Court provides that
personal actions must be commenced and tried (1) in the
place
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There was, however, no indication that Tri-Oro had executed the Promissory
Note. Petitioner failed to explain how the former became the maker of the
Note, which was executed by Ellen Lim Ong (who, according to the Complaint
is Elena Lim). See Promissory Note, p. 2; Rollo, p. 41; petitionerÊs Complaint, p.
1; Rollo, p. 49.
720
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the PN; and the second, on a violation of the SA.
Consequently, it was allegedly correct to join the causes of
action and to file the case in Manila,
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per Section 5 of Rule 2
of the Rules of Court, which reads:
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Surety Agreement
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Cause of Action
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Liberal Construction
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Representatives v. Court of Appeals, 197 SCRA 645, 654, May 29, 1991;
Angeles v. Calasanz, 135 SCRA 323, 334, March 18, 1985.
725
··o0o··
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726
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