Waiver of Venue of Actions

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WAIVER OF VENUE OF ACTIONS

KNOW ALL MEN BY THESE PRESENTS:

I, ___________________, Filipino, of legal age, the President and authorized


representative of the XYZ BANK, a banking corporation duly organized, created and
existing under the laws of the Republic of the Philippines, with principal place of business
at CPG North Avenue, Tagbilaran City, Bohol, Philippines, after having been sworn to in
accordance with law, hereby depose and say:

That as a financial institution, XYZ offers lending facilities to anyone who qualifies to
avail of a loan;

That as part of the requirements and consideration for the loan, our borrowers have
signed a standard Promissory Note evidencing the loan and his/her willingness to pay for
the loan amortization in accordance with the amortization schedule;

That a provision in the said Promissory Note states that in case of litigation, the
agreed venue shall be exclusively filed at the Municipality/City Trial Courts or Regional
Trial Courts of Tagbilaran City, Bohol;

That, however, as per Section 7 of the Revised Rules of Procedure For Small Claims
Cases, it is stated that:

SEC. 7. Venue: The regular rules on venue shall apply.

However, if the plaintiff is engaged in the business


of lending, banking and similar activities, and has a
branch within the municipality or city where the
defendant resides, the Statement of Claim/s shall be filed
where that branch is located.

NOW, WHEREFORE, in view of the foregoing premises, I, in behalf of XYZ, hereby


waive our right, as stated in the provision on venue of actions in our standard Promissory
Note, when filing SMALL CLAIMS cases against default borrowers. XYZ shall follow the
second paragraph of Section 7 of the Revised Rules of Procedure For Small Claims Cases,
thus the venue will be the proper Municipal Trial Court having jurisdiction over the City or
Municipality where an XYZ branch is located and the borrower/defendant resides.

IN WITNESS WHEREOF, I hereby set my hand this ______ day of _______________, 2018
at Tagbilaran City, Bohol, Philippines.

1
______________________
Affiant/Representative of XYZ

Signed in the presence of:

________________________ ________________________

ACKNOWLEDGMENT:

Republic of the Philippines )


Province of Bohol ) S.S.
City of Tagbilaran )

BEFORE ME, a Notary Public, personally appeared __________________ who exhibited


before me his competent evidence of identity Social Security Number _________________, and
known to me to be the same person who executed the foregoing instrument and he
acknowledged to me that the same is his own free and voluntary act and deed, as well as
the free and voluntary act and deed of the corporation which Mr. ___________ represents.

WITNESS MY HAND AND SEAL this ____________________ at Tagbilaran City, Bohol,


Philippines.

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2018.

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