SACPAN vs.

BARROGA-HAIGH (Venue of personal action)

FACTS: Deed of sale was signed by Sacpan and his wife, however Sacpan states that the Deed
of Sale was falsified and fictitious. Sacpan prays for the nullity of declaration of the Deed of
Sale. Respondent contends that the venue of the complaint was improperly laid (because the
complaint was not filed in the Court where the property is located. RTC dismissed the complaint.
CA affirms the dismissal.

ISSUE: W/N the venue was improperly laid.

HELD: The venue was properly laid. The nullity of declaration of Deed of Sale is not a real
action, but a personal action.

Rule 4. Section 2. – a.) All other actions may be commenced and tried where the plaintiff
or the defendant resides.

b.) where the non-resident defendant may be found at election of the plaintiff.

Since it is a personal action, the filing of the complaint in Davao City, where both plaintiff and
respondent resides is the proper venue of the complaint.