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    Rule 4, Notes On Remedial Law

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    oxar2001law8026

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    Rule 4, Notes On Remedial Law

    Uploaded by

    oxar2001law8026
    1 views2 pages

    Original Title

    Rule 4, notes on remedial law

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    1 views2 pages

    Rule 4, Notes On Remedial Law

    Uploaded by

    oxar2001law8026

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Rule 4 - Venue of Actions

    1. Actions affecting title to, possession of real property, or


    interest therein - commenced and tried in proper court, with
    jurisdiction over area where situated (or portion hereof);
    forcible entry, unlawful detainer, where property situated;

    2. Personal actions; commenced and tried where plaintiff, or


    any of the principal plaintiffs resides, or where defendant or
    any of the principal defendants resides, or in case of non-
    resident defendants, where he may be found, at election of
    the plaintiff.
     Rule uniform for all courts.
     MTC now has jurisdiction over real actions defending on
    value. (still proper court)
     Action for annulment of sale of real property; for return
    of payment for sale of real property, for delivery of
    certificate of sale – are all real actions.
     Key; so long as action is for recovery of possession or
    title.

    3. Defendant non-resident and not found in Philippines and


    action affects personal status of plaintiff, or property of
    defendant in Philippines, is commenced and tried where
    plaintiff resides, or where property or portion thereof is
    situated or found.

    4. Even if not raised in a motion to dismiss, may be raised as an


    affirmative defense in the answer.

    5. Rule not applicable when specific rule or law provides


    otherwise; parties agree in writing before filing of action on
    exclusive venue.
    6. Note “exclusive”, as in only and only in ; however may be
    waived,

    7. Third party complaint merely ancillary; where principal


    action is.

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