Philippine Bar review · Question

Practice question: Venue (Rule 4)

Multiple Choice Hard

Practice question

A venue clause is clear for contract enforcement, but its language leaves doubt whether it extends to an independent execution-misconduct claim. Under Hernando, how is that doubt addressed?
  1. Against extending the restrictive stipulation, with the general venue rules applied as appropriate.
  2. Automatically in favor of the broadest possible restriction.
  3. By allowing the lender alone to rewrite the clause.
  4. By treating every doubt as conclusive waiver.
  5. By abolishing all otherwise proper venues.

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

Answer this question in flashcards to review your response and continue practicing.