Practice question
A debt’s performance place is identified under Article 1251. A party says that fact conclusively fixes judicial venue, overriding every procedural rule. Which is correct?
- Article 1251 expressly preserves venue rules; payment place and procedural venue must be distinguished
- Payment place repeals all venue rules
- Every payment-place issue removes jurisdiction
- Venue is determined only by the creditor’s wishes
- No court may hear a payment dispute
Legal references
- Civil Code, Article 1251, place of payment and express reservation of venue rules: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Hasegawa v. Kitamura, G.R. No. 149177, November 23, 2007, main decision: https://lawphil.net/judjuris/juri2007/nov2007/gr_149177_2007.html
- Saudi Arabian Airlines v. Rebesencio, G.R. No. 198587, January 14, 2015, main decision: https://lawphil.net/judjuris/juri2015/jan2015/gr_198587_2015.html
Answer this question in flashcards to review your response and continue practicing.