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Legaspi Construction vs.

SSS (Waiving other venue)

FACTS: Legaspi entered into a construction agreement with the SSS. Value of the peso
collapsed thus petitioner incurred expenses more than the contract. Legaspi Construction
requested for adjustment in the contract price but was denied by the respondents. Legaspi
Construction filed a complaint for collection of sum of money plus damages at the RTC of
Makati City. Respondents files a Motion to Dismiss on the grounds of improper venue. RTC
denied the motion. CA grants the respondent’s petition and ordered the dismissal of the case.

ISSUE: W/N The venue was properly laid.

HELD: Parties are not precluded from agreeing in writing an exclusive venue. What is essential
is that both parties agreed to the matter of an exclusive venue. The construction agreement
provides that all actions and controversies that may arise from this Agreement may be brought
before the proper Courts of QC, THE CONTRACTOR HEREBY EXPRESSLY WAIVING
ANY OTHER VENUE.

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