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SECOND DIVISION

G.R. No. L-58080 February 15, 1982


EFREN S. ZOLETA, petitioner,
vs.
HON. MANUEL ROMILLO, JR., CFI Pasay Judge, and
FILINVEST CREDIT CORPORATION, respondents.
PONENTE: ABAD SANTOS, J.

Facts:
Petitioner purchased a car financed by defendant and secured
with a promissory note and a chattel mortgage over the said
vehicle. Petitioner paid its last installment due on 15 October
1980 and the chattel mortgage was accordingly canceled.
However on 2 November 1980, petitioner received a demand
of unpaid due to which he notified defendant of his full
payment.

On 11 November 1980, petitioner received a telegram


demanding again of an unpaid due. Thus on 11 November
1980, petitioner filed a complaint against respondent in CFI
Pasay for damages alleging that the act of respondent
exposed him to dishonor and consequently he suffered mental
anguish, serious anxiety, and besmirched reputation
considering that the telegram was publicly received,
transmitted and delivered.

On 12 December 1980, respondent moved to dismiss the


complaint on the ground of improper venue invoking the terms
of the PN and chattel mortgage executed by petitioner stating
that legal actions arising out of the agreement or in
connection with the chattel shall only be brought in City of
Manila or in other place where the branch of the owners
assignee is located. It should be stated that petitioner
originally executed the PN and mortgage in favor of The Rallye
Motor Co., Inc. (owner-seller), which in turn assigned them to
respondent, as the financing company.
On 24 April 1981, CFI Pasay dismissed the complaint on the
ground of improper venue. Hence, the present petition for
certiorari seeking to nullify the 24 April 1981 Order of CFI.

Issue:
Whether or not venue is improperly laid.

Ruling:

NO. Petition is Granted.

It is obvious that the petition is highly impressed with merit


and that the respondent judge did not sufficiently ponder on
the legal question which the private respondent improperly
raised.

True it is that, "By written agreement of the parties the venue


of an action may be changed or transferred from one province
to another" (Rule 4, Sec. 3, Rules of Court) which the parites
in this case did in respect of the promissory note and the
chattel mortgage. But even a little reflection will show that the
petitioner, by his complaint, is not suing on the promissory
note nor on the chattel mortgage. The promissory note had
been fully paid and the chattel mortgage to secure it had been
cancelled. They belonged to the past. The petitioner is suing
independently of the note and the mortgage; he is not relying
on them; he is suing for damages because of the tortious act
of the private-respondent who sent him a dunning telegram
for a debt which had already long been fully paid.

Under Rule 4, Sec. 2 (b) of the Rules of Court, personal


"actions may be commenced and tried where the defendant or
any of the defendants resides or may be found, or where the
plaintiff or any of the plaintiffs resides, at the election of the
plain-plaintiff."
The record shows that Zoleta resides in B. F. Homes in
Paranaque, while FILINVEST has its offices at Paseo de Roxas
in Makati. Accordingly, the venue was properly laid in the court
presided by the respondent judge.

- Digested [29 November 2016, 07:21]

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