RULE 2 – CAUSE OF ACTION-ANSWERS
• correction of entries in the birth
1. Sec. 5, Rules of Court, a party may assert
many causes of action as he may have
against an opposing party subject to the
conditions. The joinder may be allowed in
the RTC provided that one of the cause of
action falls within the jurisdiction of the said
court.
2. The principal action of the petitioners
namely breach of contract or MOA is a real
action. Hence, the action should have been
filed where the property is located, RTC of
Paranaque.
3. While the rule allows the petitioner to
assert many causes of action as he may
have against an opposing party, there
should be some unity in the problem
presented, subject always to the restriction
regarding jurisdiction, venue and joinder of
parties.
4. Joinder of the causes of action may
involve the same or different parties. In this
case, the joinder involves different parties,
there must be a question of fact or of law
common to both parties joined, arising out
of the same or series of transaction.
5. Whether or not the trial court acquired
jurisdiction over the person of petitioner
and her minor child depends on the nature
of private respondent's action, that is, in
personam, in rem or quasi in rem.
6. The nature of the private respondent’s
action is an action in rem, which is directed
against the thing itself and not at a person.
Petitions directed against the “thing” itself
or the res, are concerned in the status of a
person:
• like a petition for adoption,
• annulment of marriage, or
certificate.
In an action in personam, jurisdiction over
the person of the defendant is necessary for
the court to validly try and decide the case.
In a preceding in rem or quasi in rem,
jurisdiction over the person of the
defendant is not a prerequisite to confer
jurisdiction on the court, provided that the
latter has jurisdiction over the res.
7. In order to sustain a dismissal on the
ground of lack of cause of action, the
insufficiency must appear on the face of the
complaint.
8. The test of sufficiency of the facts, to
constitute cause of action is WON, the court
can render a valid judgement in accordance
with the prayer of the complaint.
9. A cause of action is the act or omission by
which a party violates a right of another.
Elements: (RDA)
(1) a right existing in favor of the
plaintiff
(2) a duty on the part of the defendant
to respect the plaintiff's right
(3) an act or omission of the defendant
in violation of such right.

RULE 4 – VENUE
1. Real actions must be instituted in the Court
of First Instance of the province where the
property or any part thereof lies. Personal
actions may be instituted in the Court of First
Instance 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 plaintiff.
the action filed by petitioner was for annulment
or recession of a sale of real property is a real
action. Its prime objective is to recover the said
real property. An action to annul the
foreclosure sale is an action affecting the title of
the property sold. It is therefore a real action, in
which the proper venue is the place where the
real property in controversy is located/lies.
2. The New Rules of Court provides that when
“the action is not upon a written contract, then
in the municipality where the defendant or any
of the defendants resides or may be served
with summons.”
3. RESIDENCE of a corporation is the place
where its principal office is established.
4. The fact that there are branch offices in some
parts of the country does not mean that it can
be sued in any of these places. To allow an
action to be instituted in any place where a
corporate entity has its branch offices, it would
create confusion and inconvenience to the
corporation.
5. A corporation is a resident of the place
where its principal office is located as stated in
the articles of incorporation.
6. Actions cannot be file against a corporation
in any place where the corporation maintains
its branch offices.
7. A corporation cannot be allowed to file
personal actions in a place other than its
principal place of business UNLESS such a place
is also the residence of a co-plaintiff or a
defendant.
8. Section 1 of Rule 4 of Rules of
Court. Venue of real actions. — Actions
affecting title to or possession of real property,
or interest therein, shall be commenced and
tried in the proper court which has jurisdiction
over the area wherein the real property
involved, or a portion thereof, is situated.
9. Section 2 of Rule 4 of the Rules of Court- All other
actions may be commenced and tried where the
defendants 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 plaintiff. The
choice of venue for personal actions is given to the
plaintiff/petitioners. The option of the plaintiff is
either the place where the defendant resides or the
place where the plaintiff resides.
10. Resides means the place of abode, whether
permanent or temporary. Domicile means a
permanent or legal residence.
11. In the present case, it uses the word “MAY”
at the back of their contract. The word “MAY”
is merely permissive and it confer discretion to
both parties. Since the complaint has been filed
in the Court of First Instance of Pampanga,
where the plaintiff resides, the venue of action
(considering that it is a personal action) is
properly laid in accordance with Section 2 (b),
Rule 4 of the Rules of Court.
12. NO. Polytrade Doctrine applied in this case.
The doctrine states that, as long as the
stipulation does not set qualifying or restrictive
words to indicate that the agreed place is the
only and exclusively the venue of the action, the
parties still has the option of choosing the venue.
Under Rule 4 of Rules of Court, the venue of
any personal action is where the defendants 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 plaintiff.
13. Moto proprio (on one’s own inititiative)
dismissal of complaint on the ground of improper
venue is plain error. Venue relates to trial not to
jurisdiction, touches more of the convenience of the
parties rather that the substance of the case.
venue stipulation contained in the written
instrument/agreement and should be filed in
accordance with the general rules on venue.

In the instant case, the petitioner’s action is a real Petitioner’s complaint directly assails the
action. However the RTC of Rizal would still have validity of the contracts, claiming forgery in
jurisdiction over the case. Pursuant to Sec. 19 of BP their execution. Thus, petitioner cannot be
129, the RTC shall exercised exclusive original expected to comply with the venue
jurisdiction over "all civil actions which involve the
stipulation. Petitioner filed his complaint in
title to, or possession of, real property, or any
RTC City of Manila where the subject property
interest therein . . ." The private respondent fails to
is located.
challenge timely the venue in a motion to dismiss
and allows the trial to be held and render decision.
Technically speaking, the venue was wrong, but
maybe acceptable for the convenience of the
parties.

14. An action or proceeding is commenced by the

filing of the complaint or other initiatory pleading.
The act of the plaintiff (or petitioner) of filing the
complaint (or other appropriate pleading) — by
which he signifies his submission to the court’s
power and authority — that jurisdiction is acquired
by the court over his person. On the other hand,
jurisdiction over the person of the defendant is
obtained, as above stated, by the service of
summons or other coercive process upon him or by
his voluntary submission to the authority of the
court.

15. A preliminary attachment may be defined,

paraphrasing the Rules of Court, as the provisional
remedy in virtue of which a plaintiff or other proper
party may, at the commencement of the action or at
any time thereafter, have the property of the
adverse party taken into the custody of the court as
security for the satisfaction of any judgment that
may be recovered.

16. Ruling that the cancellation of mortgage contract

is a personal action if the mortgagee (lender) has not
foreclosed the mortgage and the mortgagor
(borrower) is in possession of the property.

Pursuant to the Rules of Court – Venue of Personal

Actions - actions may be brought in the place of
residence of the plaintiff or defendant.

17. The SC ruled that a complaint directly

assailing the validity of the written instrument
itself, should not be bound by the exclusive