CIVPRO: Attorney’s Quotes
What is the venue of an action for
Other Topics:
Senators are immune for arrests while in
session.
When the offense committed is not more
than 6yrs imprisonment.
Is punishable by not more than 6yrs
So there are 2 qualifications here: 1.
Gravity of the offense; 2. Congress is in
session.
D arest is not valid under artircle 6 section 11
of 1987 phil constitution not punishable not
more dan 6year wyl d congress in session
CIVPRO Discussion
(Mar. 19, 2024 Tuesday) Absent Ako
Ended @ page 168 #5 – Actions for
Damages
AS: Collection of sum of money (recovery of
deficiency) on the foreclosure of mortgage
can be filed at Zamboanga City
if the defendant is not residing in the
Philippines, saan pwede i-file?
Personal action: plaintiff’s choice -
residence niya or where the defendant
may be found in the phils.
Real action: place where the real property
is situated.
1
dissolution of partnership and for
accounting where the complainant also
prays for the sale of a real property
belonging to the partnership? PERSONAL
An action for dissolution of partnership
and accounting is a personal action even
if the complaint also prays for the sale of
a real property. Kaya walang location of
the property in the prob…it’s irrelevant
anyway.
A real action is one that affects title to or
possession of a real property. Pay
attention the use of the word “prays”.
Hindi naman title or possession ng real
property ang usapin. Kaya personal action
yun.
One in which the plaintiff seeks d
recovery of real property – Ex. of Real
Action
G. RULE 4 – VENUE
1. Venue vs. Jurisdiction
i. Nocum v. Lucio Tan, G.R. No.
145022, 23 Sept 2005
2. Venue in Civil Cases vs. Criminal Cases
i. Nocum vs. Lucio Tan
3. Venue of Real Actions
4. Venue of Personal Actions - Page 166
1. Sec. 2, Rule 4, RoC
- transitory (moves) / depending on
the residences of the parties
- several parties/ formal and nominal
- more than 1 plaintiff – residence of
the principal should be the basis for
determining the venue
2. Defendant Non-Resident – venue
is where the plaintiff or any of the
principal plaintiff resides, or where
non-resident defendant may be found
Ex. Canadian tourist – QC or Manila
3. “Resides” – place of abode, w
permanent or temp, of the plain. Or
def.
- distinguished from “domicile”-
means fixed permanent residence,
when absent, one has intention of
returning
- Ex. For the purpose of venue, in an
action for sum of money – Manila
4. Domestic Corporation residence –
is the place within the Phils., where its
principal office is located
 - 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