Practice question
A note contains an exclusive clause for actions arising under that note. A separate suit attacks the sheriff’s allegedly excessive execution sale under Rule 39, based on events independent of the note. Does the word exclusive alone end the scope inquiry?
- Yes; exclusivity automatically means unlimited subject coverage.
- Yes; all future sheriff conduct becomes a contractual term.
- Yes; the clause necessarily waives every unknown future right.
- Yes; Rule 39 is replaced by the parties’ contract.
- No; Hernando requires examining whether the particular claim is within the clause.
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
- Saludo, Jr. v. American Express International, Inc., G.R. No. 159507, April 19, 2006, main decision, actual residence for venue versus domicile: https://lawphil.net/judjuris/juri2006/apr2006/gr_159507_2006.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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