Practice question
A nonresident is not found in the Philippines. A properly framed action concerns that defendant’s interest in Philippine property in Province R; the plaintiff resides in City S. No special rule or exclusive stipulation governs. Which Rule 4 section 3 venue statement is correct?
- Only the foreign country is permitted under every circumstance
- Only the place where the defendant was born is permitted
- The action must always be filed directly in the Supreme Court
- The Philippine venue provision itself eliminates all service requirements
- The rule permits the place where the plaintiff resides or where the property or a portion is situated or found, with jurisdiction and service separately satisfied
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 4 sections 1–4, real and personal actions, nonresidents and exceptions; Rule 8 section 12, timely venue defense.
- https://lawphil.net/judjuris/juri1969/oct1969/gr_l-27033_1969.html — Polytrade Corp. v. Blanco, G.R. No. L-27033, October 31, 1969, permissive versus exclusive venue stipulation; current procedural requirements read from amended Rules.
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