Dr. Antonio Lizares vs. Hon.

Hermogenes Caluag (QC- CFI Judge) and Flaviano Cacnio Facts: Flaviano Cacnio alleged that he brought from petitioner Lizares on installment Lot 4, Block 1 of the Sinkang Subdivision in Bacolod City. Cacnio received a letter of demand from Lizares representing arrears in the payment of installment plus regular and overdue interest. Cacnio then sent a check drawn by one Antonio Bernardo in favor of Lizares. But according to Cacnio, Lizares refused the check and returned it. Cacnio instituted a civil case in the CFI of Quezon City, praying for compensatory damages plus attorneys fees. Petitioner Lizares moved to dismiss the case on the ground that the venue is improperly laid, for the action affects title to or possession of real property locates in Bacolod City which was the subject matter of the contract. This was denied by the respondent court upon the ground that the action was in personam. Issue: Whether or not the venue was properly laid Held: Negative. Although the immediate remedy sought by Cacnio is to compel petitioner to accept payment made by the former, it is obvious that this relief is merely the first step to establish Cacnios title to the property. Moreover, Cacnios complaint is a means resorted to by him in order that he could retain the possession of said property. In short, venue in the main case was improperly laid and the CFI of QC should have properly granted the motion to dismiss.