Philippine Bar review · Question

Practice question: Distinguished from Venue

Multiple Choice Medium

Practice question

A personal action has principal plaintiff residing in City D and principal defendant residing in City E. No special rule or exclusive-venue agreement applies. Under Rule 4 Section 2, which is generally correct?
  1. Only the place of the defendant's birthplace is allowed.
  2. The plaintiff may elect the proper venue in City D or City E under the stated residence rule.
  3. The land-location rule always governs even without land.
  4. Only the Supreme Court may hear it.
  5. Venue is determined solely by the lawyer's office.

Legal references

  • A.M. No. 19-10-20-SC, Rules 4 and 8 Section 12, civil venue and affirmative defenses: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Rules of Criminal Procedure, Rule 110 Sections 10 and 15, criminal place of commission: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Galang v Wallis, G.R. No. 223434, July 3, 2019, main decision, general and special jurisdiction (not historical monetary thresholds): https://lawphil.net/judjuris/juri2019/jul2019/gr_223434_2019.html

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