-ction may be continued by or against the original party, unless the court, on motion, directs the transferee to be substituted in the action or /oined with the original party; however, if transfer is made before commencement of the action, the transferee must necessarily be the party, since only he is the real party in interest.
* Uniform rule on venue in RTC and MTC
– in the proper court which has /urisdiction over the area wherein
real property involved or a portion thereof is situated
– in the 3"C of the municipality or city wherein
the real property or a portion thereof is situated.
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 non<resident defendant
where he may be found
, at the election of the plaintiff.
=residence> means place where party actually resides at time of action; does !" mean permanent home or domicile..-ction against non<resident not found in the 6hilippines
< in the court of the place where the plaintiff resides.
< where the property or any portion thereof is situated or found.:.Rules on 5enue shall !" applya.&n those case where a specific rule or law provides otherwise @
civil case for damages in cases of libel, where -rticle AB of R6C provides specific rules on venue; !R b.0here the parties have validly agreed & 0R&"&D before the filing of the action on the #EC$()&5# venue thereof.
&n this instance, the action can only be filed in the place agreed upon even if the other place is the place of residence of the parties or the location of the real property involved.
1."he procedure in the 3"Cs shall be the same as that in the R"C. 2.(niform 6rocedure shall !" be applicablea.0here a particular provision e8pressly or impliedly applies only to either of said courts. b.&n civil cases governed by the Rule on )ummary 6rocedure.
– specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause of action.2.
– an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. &ncludesa.*raud b.)tatute of limitationsc.Released.6aymente.&llegalityf.)tatue of fraudsg.#stoppelh.*ormer recoveryi.ischarge in bankruptcy