RULE 2 – CAUSE OF ACTION

13. WON may the trial court motu proprio dismiss a

1. Sec. 5 of Rule 2 of Rules of Court
2. The principal action of the petitioners namely
breach of contract or MOA is a real action. Proper
Venue?
3. While the rule allows the petitioner to
assert many causes of action as he may have against
an opposing party
4. Joinder of the causes of action may involve the
same or different parties. In this case, the joinder
involves different parties,
5. Whether or not the trial court acquired jurisdiction
over the person of petitioner and her minor child
6. Jurisdiction:
 Action in Personam
 Action in Rem
 Quasi-in Rem
7. In order to sustain a dismissal on the ground of
lack of cause of action,
8. The test of sufficiency of the facts, to constitute
cause of action is,
9. Define Cause of action and its Elements (3)
complaint on the ground of improper venue?
Complaint is a real actions.
14. How the court acquire jurisdiction over the
plaintiff and defendant?
15. Preliminary attachment
16. if the mortgagee (lender) has not foreclosed the
mortgage and the mortgagor (borrower) is in
possession of the property. Personal or real action?
17. Petitioner’s complaint directly assailing the
validity of the written instrument/agreement. In this
case the venue stipulation found in the contract is
restrictive in nature, that all legal actions should be
brought or filed exclusively to the courts Makati City.
The petitioner filed in RTC City of Manila where the
property is located. WON the venue of action was
proper considering the venue stipulation found in the
contract is restrictive in nature?

RULE 4 – VENUE

1. WON the action for annulment of the real estate

mortgage extrajudicial foreclosure sale is a personal
action or real action?
2. When the action is not upon a written contract?
3. RESIDENCE of a corporation
4. In case, where the company/corporation has branch
offices?
5. A corporation is a resident of the place where?
6. Actions filed against a corporation?
7.A corporation cannot be allowed to file personal
actions in a place?
8. Section 1 - Venue of real actions.
9. Section 2-Venue of personal actions
10. Resides vs Domicile

11. “That all actions arising out, or relating to this

contract may be instituted in the Court of First
Instance of the City of Naga.” Petitioner filed an
action for the recovery of consequential damages in
the CFI Pampanga. WON the venue of action was
proper?

12. “All suits arising out of this agreement shall be

filed within the proper courts of Quezon City”.
Petitioner filed an action in the Tacloban City where
the petitioner place of business is located. WON the
stipulation respecting venue in Dealership Agreement
limits the venue to a specified place?