NOTES ON RULE 3

SEC. 16. Take note that there is NO MORE NEED FOR SUMMONS on the
substituted parties for the court to acquire jurisdiction over them. All they need
to do is appear in court during the scheduled hearing for the court to acquire
jurisdiction over them. Also for them to manifest if they retain the services of
counsel as death of a party terminates lawyer-client relationship.

-Substitution applies only when the claim survives class.

SEC.20- An action for recovery of money arising from contract and the
defendant dies before entry of final judgment, the court SHALL NOT DISMISS
THE CASE. It shall continue against the Estate. Execution shall not issue in
favor of the winning party. The claim will be upon the estate of the decedent
without need of proving the claim.

ELEMENTS:
1. The action must primarily be for recovery of sum of money, debt or
interest thereon.
2. Claim subject of the action arose from contract express or implied
3. Defendant dies before the entry of final judgment in the court in which
the action was pending

SEC.22- Only the Solicitor General can bring and defend actions on behalf of
the Republic of the Philippines. Actions filed in the name of the RP or its
agencies or instrumentalities, if not initiated by the OSG, will be summarily
dismissed.

RULE 4- VENUE

Venue- read definition

Venue distinguished from Jurisdiction

VENUE JURISDICTION
-Place where the case is to be heard Authority to hear and determine a
case
-Procedural law Substantive law
-Establishes relation between Establish relation between court
Plaintiff or defendant and subject matter
-maybe conferred by act or agreement fixed by law.
Of the parties

VENUE OF PERSONAL ACTIONS-where the plaintiff or any of the personal

Plaintiffs resides, or where the defendant or any of the principal defendants
resides, at the election of the plaintiff.

-at election of the plaintiff means at the option of the plaintiff (ang plaintiff
magbuot)

VENUE FOR REAL ACTIONS-shall be commenced and tried in the proper

court
which has jurisdiction over the area wherein the real property involved or a
portion thereof is situated.

PERSONAL ACTION-venue is transitory

REAL ACTION- venue is local
The Court cannot motu proprio DISMISS a case based on improper venue. We
already discussed this one. The court may, however, in effect, dismiss motu
proprio the complaint based on improper venue in an action covered by Rules
on Summary Procedure.

STIPULATIONS ON VENUE
General Rule- Parties may agree on a specific venue which could be in a place
where neither of them resides.

CONDITIONS:

1. The agreement must be in writing

2. Made before the filing of the case
3. Exclusive as to venue

In the absence of any qualifying or restrictive words, the stipulation

should be deemed only as merely an agreement on an additional forum,
not as limiting venue to the specified place.

-EXCLUSIVE WORDS- only, solely, exclusively in this court, in no other

court, save particularly, nowhere else but/except.

*Denial of a Motion to Dismiss based on improper venue cannot be appealed.

The order is merely interlocutory. The remedy is to file an answer and interpose
the ground as an affirmative defense, go to trial, and appeal from the adverse
judgment. (Take note: you file and answer now and allege the ground as an
affirmative defense. No filing of MtD before filing of answer.

VENUE OF Forcible Entry and Unlawful Detainer cases- commenced and

tried in the municipal court of the municipality or city where the real property
involved or portion thereof is situated.

The Rule on venue under Sec. 3, Rule 4 applies when:

1. Any of the defendants is a non-resident and at the same time, not found
in the Philippines;
2. The action affects the personal status of the plaintiff, or
3. The action affects any property of the non-resident defendant located in
the Philippines

-in the above situations, the action maybe commenced and tried int eh court of
the place where the plaintiff resides or where the property or any portion
thereof is found.

To avoid miscarriage of justice, the SC may order a change of venue.

DEFINE AND DISTINGUISH THE FOLLOWING

1. Real Action
2. Personal Action
3. Action in Rem
4. Action in Personam

RULE 5-UNIFORM PROCEDURE IN TRIAL

COURT (JUST READ THE RULES CLASS)