Polytrade filed a case against Blanco in the Court of First Instance of Bulacan. Blanco moved to dismiss the case, arguing that the parties had agreed in writing to sue and be sued only in the courts of Manila. The Supreme Court held that venue was properly laid in Bulacan, as the parties' agreement to sue and be sued in Manila did not preclude filing suits in other locations like the residence of the plaintiff or defendant. The agreement merely consented to Manila as a permissible venue, but did not restrict venue solely to the courts of Manila.
Polytrade filed a case against Blanco in the Court of First Instance of Bulacan. Blanco moved to dismiss the case, arguing that the parties had agreed in writing to sue and be sued only in the courts of Manila. The Supreme Court held that venue was properly laid in Bulacan, as the parties' agreement to sue and be sued in Manila did not preclude filing suits in other locations like the residence of the plaintiff or defendant. The agreement merely consented to Manila as a permissible venue, but did not restrict venue solely to the courts of Manila.
Polytrade filed a case against Blanco in the Court of First Instance of Bulacan. Blanco moved to dismiss the case, arguing that the parties had agreed in writing to sue and be sued only in the courts of Manila. The Supreme Court held that venue was properly laid in Bulacan, as the parties' agreement to sue and be sued in Manila did not preclude filing suits in other locations like the residence of the plaintiff or defendant. The agreement merely consented to Manila as a permissible venue, but did not restrict venue solely to the courts of Manila.
October 31, 1969 FACTS POLYTRADE filed a case against BLANCO in the Court of First Instance of Bulacan. BLANCO moved to dismiss the case upon the ground of improper venue invoking Section 3, Rule 4 of the Rules of Court which states that venue may be stipulated by written agreement. According to BLANCO, they agreed to sue and be sued in the Courts of Manila." BLANCO says that because of such covenant he can only be sued in the courts of Manila. ISSUE Whether or not venue was properly laid. HELD Venue here was properly laid. An accurate reading of the stipulation, "The parties agree to sue and be sued in the Courts of Manila," does not preclude the filing of suits in the residence of plaintiff or defendant. The plain meaning is that the parties merely consented to be sued in Manila. Qualifying or restrictive words which would indicate that Manila and Manila alone is the venue are totally absent therefrom.
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides