Civil Procedure: Venue

VENUE

  1. What is Venue?
    1. It is defined as the place where the case shall be instituted, heard and tried.
    2. It is simple the geographical location/place where the case shall be instituted, heard, and tried.
  2. What is Real Action?
    1. A real action is an action “affecting title to or possession of real property, or interest therein” (Rule 4 Sec 1)
  3. What is Personal Action?
    1. It is an action which is not founded upon the privity of real rights or real property. An action for specific performance is a personal action. (Siococo vs. CA, 303 SCRA 186)
  4. Venue of Real and Personal Actions
    1. Latore vs. Latore, 617 SCRA 88
  5. what is action quasi in rem?
    1. One which is directed against particular persons but the purpose of which is to bar and bind not only said person but any other person who claims any interest in the property or right subject of the suit.
  6. Venue of actions quasi in rem
    1. Venue of actions quasi in rem is the place/location the real property can be found.
  7. Venue of action for specific performance
    1. Sps. Saraza vs. Francisco, GR No. 198718, November 27, 2013
    2. Gochan vs Gochan, 372 SCRA 256
  8. Recovery of Deficiency after Extrajudicial Foreclosure
    1. BPI Family SBI vs Sps Yujuico, GR No. 175796, July 22, 2015
  9. Exclusive venue
    1. Briones vs CA et, al, GR No. 204444, January 14, 2015
  10. Limitation on exclusivity of venue
    1. San Miguel Corp. vs. Monasterio, GR No. 151037, june 23, 2005
    2. AM No. 99-10-05-0, August 7, 2001
    3. Sps Ochoa vs. China Banking Corp., GR No. 192877, March 23, 2011
  11. Dismissal Due to Improper venue
    1. Summary Procedure
    2. Small Claims

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