Practice question
Under Hernando, must every suit to nullify a transaction mentioning land automatically be classified as real?
- Yes; mentioning land is conclusive.
- No.
- Yes; every execution-related case is necessarily real.
- Yes; the location of any defendant’s asset decides the nature.
- Yes; no examination of the prayers is permitted.
Legal references
- Hernando v. Golden Sun Finance Corp., G.R. No. 259295, May 7, 2025, main decision, actual relief and scope of exclusive venue: https://lawphil.net/judjuris/juri2025/may2025/gr_259295_2025.html
- Gochan v. Gochan, G.R. No. 146089, December 13, 2001, main decision, specific performance seeking conveyance of land: https://lawphil.net/judjuris/juri2001/dec2001/gr_146089_2001.html
- 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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