SAN LUIS vs SAN LUIS

G.R. No. 133743 February 6, 2007

RULE 73 - VENUE AND PROCESS
Facts:
Felicisimo contracted three (3) marriages. The first spouse predeceased him, he then married an
American citizen who divorced him, then remarried again. When Felicisimo died, Felicidad filed for the
dissolution of conjugal partnership of assets and settlement of Felicisimos estate, filing for a letter of
administration before the Regional Trial Court of Makati. Petition was contested by Felicisimos children
for venue improperly laid, they said that it should be filed in Laguna and not in Makati.
Issue:
Whether or not the venue was properly laid.
Held:
Yes. There is a distinction between residence for purposes of election law and residence for
purposes of fixing the venue of actions. In election cases, residence and domicile are treated as
synonymous terms, that is, the fixed permanent residence to which when absent, one has the intention
of returning. However, for the purposes of fixing venue under the Rules of Court, the residence of a
person is his personal, actual or physical habitation or actual residence of place of abode, which may not
necessary be his legal residence or domicile provided he resides therein with continuity or consistency