Philippine Bar review · Question

Practice question: Distinguished from Venue

Multiple Choice Hard

Practice question

Before suit, parties validly agree in writing on City F as exclusive venue for a covered civil dispute. The action is then filed in a City F court that lacks statutory jurisdiction over its subject matter. Can the exclusive clause cure that defect?
  1. Yes, exclusivity gives the chosen court unlimited competence.
  2. No; the clause may govern geographical venue but cannot supply the missing subject-matter authority.
  3. Yes, if neither party initially objects.
  4. Yes, because every written agreement overrides jurisdictional statutes.
  5. No, because all exclusive-venue clauses are void.

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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