Auction in Malinta, Inc. vs Lubayen (GR 173979)
The sole issue is whether the stipulation in the parties Bidders Application and Registration Bidding Agreement effectively limited the venue of the instant case exclusively to the proper court of Valenzuela City.
The Court rules in the negative.
The general rule on the venue of personal actions, as in the instant case for damages filed by respondent, is embodied in Section 2, Rule 4 of the Rules of Court. It provides:
Sec. 2. Venue of personal actions. All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a nonresident defendant, where he may be found, at the election of the plaintiff.
The afore-quoted rule, however, finds no application where the parties, before the filing of the action, have validly agreed in writing on an exclusive venue. But the mere stipulation on the venue of an action is not enough to preclude parties from bringing a case in other venues. It must be shown that such stipulation is exclusive. In the absence of qualifying or restrictive words, such as exclusively and waiving for this purpose any other venue, shall only preceding the designation of venue, to the exclusion of the other courts, or words of similar import, the stipulation should be deemed as merely an agreement on an additional forum, not as limiting venue to the specified place.
This has been the rule since the 1969 case of Polytrade Corporation v. Blanco. It was held therein that the clause [t]he parties agree to sue and be sued in the Courts of Manila, does not preclude the filing of suits in the court which has jurisdiction over the place of residence of the plaintiff or the defendant. The plain meaning of the said provision is that the parties merely consented to be sued in Manila considering that there are no qualifying or restrictive words which would indicate that Manila, and Manila alone, is the agreed venue. It simply is permissive and the parties did not waive their right to pursue remedy in the courts specifically mentioned in Section 2 of Rule 4 of the Rules of Court.
Paglaum Management and Development corp vs Union Bank (GR 179018)
The sole issue to be resolved is whether Makati City is the proper venue to assail the foreclosure of the subject real estate mortgage. This Court rules in the affirmative.
According to the Rules, real actions shall be commenced and tried in the court that has jurisdiction over the area where the property is situated. In this case, all the mortgaged properties are located in the Province of Cebu. Thus, following the general rule, PAGLAUM and HealthTech should have filed their case in Cebu, and not in Makati.
However, the Rules provide an exception, in that real actions can be commenced and tried in a court other than where the property is situated in instances where the parties have previously and validly agreed in writing on the exclusive venue thereof. In the case at bar, the parties claim that such an agreement exists. The only dispute is whether the venue that should be followed is that contained in the Real Estate Mortgages, as contended by Union Bank, or that in the Restructuring Agreement, as posited by PAGLAUM and HealthTech. This Court rules that the venue stipulation in the Restructuring Agreement should be controlling.
Union Bank vs. People of the Phils (GR 192565)
The case presents to us the issue of what the proper venue of perjury under Article 183 of the RPC should be Makati City, where the Certificate against Forum Shopping was notarized, or Pasay City, where the Certification was presented to the trial court.
Under the circumstances, Article 183 of the RPC is indeed the applicable provision; thus, jurisdiction and venue should be determined on the basis of this article which penalizes one who make[s] an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. The constitutive act of the offense is the making of an affidavit; thus, the criminal act is consummated when the statement containing a falsity is subscribed and sworn before a duly authorized person.
Baritua vs. CA (GR 100748)
It is fundamental that the situs for bringing real and personal civil actions is fixed by the rules to attain the greatest convenience possible to parties litigants and their witnesses by affording them maximum accessibility to the courts of justice. The choice of venue is given to the plaintiff but is not left to his caprice. It cannot unduly deprive a resident defendant of the rights conferred upon him by the Rules of Court.
When the complaint was filed in Rosales, Pangasinan, not one of the parties was a resident of the town. Private respondent was a resident of Los Angeles, California while his attorney-in-fact was a resident of Cubao, Quezon City. Petitioners business address according to private respondent is in Pasay City, although petitioner claims he resides in Gubat, Sorsogon. The venue in Rosales, Pangasinan was indeed improperly laid.