Professional Documents
Culture Documents
Case: Divinagracia vs. Padilla Misjoinder or non-joinder of causes of action, not a ground for
dismissal but only for separation/splitting of causes of action
Q: What if plaintiff refuses to split?
A: Court can DISMISS due to fault of plaintiff (R17 S3)
Omnibus motion rule (R15 S8) a motion* attacking a pleading/proceeding shall include all
available** objections; objections not so included are deemed WAIVED
* MTD = one such omnibus motion
If no MTD has been filed: objections/grounds for dismissal can be pleaded as affirmative
defenses in the ANSWER (R16 S6)
** if an objection is not available yet, there is no obligation to raise under pain of waiver
Venue
Jurisdiction vs. venue
1. Venue is for parties convenience
2. Venue is procedural, thus:
(a) Can be waived
(b) Can be subject of agreement
Court takes cognizance if:
- In writing, &
- Before institution of action
3. NO MOTU PROPRIO DISMISSAL RE: IMPROPER VENUE
The court cannot take the cudgels for the parties; must wait for MTD
CONTRA: SumProc can motu proprio dismiss under any of the grounds for MTD
Re: personal & real actions
1. Real where property (or any part thereof) is located
2. Personal residence of plaintiff/defendant, or where a non-resident defendant may be
found, at the option of the plaintiff [same rule in culpa aquiliana cases]
Re: stipulations on venue
1. Restrictive/Exclusive
Shall alone restrictive; there should be other words of exclusivity (e.g. only)
2. Permissive venue stipulated, considered in addition to the venues in the RoC
Cases:
Briones vs. CA attacking a contracts validity renders one unbound by its stipu. on venue
Sweet Lines case stipulations on venue in contracts of adhesion may not be honored by the
court if inconvenient/oppressive
Case: Samson case re: reconveyance of real property = look @ primary purpose (cf. material
allegations) to determine if personal or real