Venue for personal action
"I discovered that my estranged wife sold to my neighbor our house and lot in the province. As far as I can recall, I did not sign the Deed of Sale and there is a disparity between my genuine signature and that appearing on the contract. I filed a complaint against my neighbor regarding the cancellation of said deed before our barangay (village), but the latter refused to take cognizance of my complaint. According to the latter, it has no jurisdiction over the matter considering that it involves a real property hence, I should file the complaint before the barangay where the house and lot is located. Are they correct?
There are two venues involved here, venue for personal action and venue for disputes involving parties residing in the same barangay and does not involve a real property or interest therein.Based from the facts you have stated in your letter, your intention of bringing your dispute with your neighbor before the barangay is for the cancellation of the Deed of Sale since you are claiming that you did not sign the same. This kind of action is personal and not real since it does not involve title to or possession of real property or interest therein. Section 2, Rule 4 of the 1997 Revised Rules of Court states:
“All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants reside, or in the case of non-resident defendant where he may be found, at the election of the plaintiff.”Personal action as distinguished from real action was further expounded in the case of Racpan vs. Barroga-Haigh (GR No. 234499, June 6, 2018), where the Supreme Court through former Associate Justice Presbitero J. Velasco Jr., stated:
“The determinants of whether an action is of a real or a personal nature have been fixed by the Rules of Court and relevant jurisprudence. According to Section 1, Rule 4 of the Rules of Court, a real action is one that affects title to or possession of real property, or an interest therein. Such action is to be commenced and tried in the proper court having jurisdiction over the area wherein the real property involved, or a portion thereof, is situated, which explains why the action is also referred to as a local action. In contrast, the Rules of Court declares all other actions as personal actions. Such actions may include those brought for the recovery of personal property, or for the enforcement of some contract or recovery of damages for its breach, or for the recovery of damages for the commission of an injury to the person or property. The venue of a personal action is the place where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff, for which reason the action is considered a transitory one.”Applying the above cited decision in your situation, the venue of personal action like cancellation of contract is the place where the plaintiff resides or the place where the defendant resides.It is likewise necessary that the matter must be brought before the barangay where you and your neighbor reside.The venue for the dispute is found under Section 409 (a) of Republic Act 7160 otherwise known as the Local Government Code of 1991 which states that “disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay.”
This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to "
Please support us in writing articles like this by sharing this post
Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.
--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.
"Venue for personal action"
was written by Mary
under the Legal Advice
category. It has been read 115
times and generated 0
comments. The article was created on 15 September 2021
and updated on 15 September 2021