phBar.org (Bar Exams Forum-Philippines)

III.

a) Angela, a resident of Quezon City, sued Antonio, a resident of Makati City before the RTC of Quezon City for the reconveyance of two parcels of land situated in Tarlac and Nueva Ecija, respectively. May her action prosper? (3%)

b) Assuming that the action was for foreclosure on the mortgage of the same parcels of land, what is the proper venue of the action? (3%)

Let me try

A.
The action will not prosper for being filed at a wrong venue.

Accordingly, the venue for real action shall be filed before the court having jurisdiction over the real property.

B.
Since foreclosure of mortgage is in nature a real action for it affects title to, or possession of or interest therein over the real property, the venue shall be at the court which has jurisdiction where the real property is situated, thus, it should be filed before the court in tarlac and nueva ecija, respectively.

i concur

a. the action will prosper.

the ground of improper venue must be raised in a motion to dismiss, otherwise, it is waived. the court cannot dismiss the case motu proprio on the ground of improper venue.

in this case, there was no motion to dismiss raising the ground of improper venue. hence the case may prosper

b. i agree with the suggested answer

yey.. tama ako..

kaso lang ang mejo mali ako yung definition ko ng real action.. pahapyaw. lolz

this case has been jurisprudentially settled


with question number for reconveyance itis a real action. However, for question number 2 it is a personal action because foreclosure is an enforcement of contractual obligation. With all humility...

this case has been jurisprudentially settled


with question number for reconveyance itis a real action. However, for question number 2 it is a personal action because foreclosure is an enforcement of contractual obligation. With all humility...

[b]while an action to foreclose a real estate mortgage is a REAL ACTION[/b], an action to compel the mortgagee to accept payment or the tender of the mortgage debt and release the mortgage is a personal action (HERNANDEZ vs RURAL BANK OF LUCENA, 81 SCRA 75)

unless there is a more recent case that i do not know of

hope my answer will be given credit - yong ki ultrasapien sagot ko.

Please see dispositive part:

G.R. No. 139897 June 26, 2006

SEVERINA RODRIGO, SPOUSES ARNALDO SAUZA and FRANCISCA CARPENTERO, SPOUSES ALEJANDRA SAUZA and RODOLFO LIMBARING, CAMILO SAUZA, FELIMON SAUZA,1 JR., JOSE O. FABRIGA and CRUZ A. LIMBARING, Petitioners,
vs.
SISTER LUCIA ANCILLA (nee ESPERANZA DAOMILAS), Respondent.

D E C I S I O N

"...Actions affecting title to or possession of real property or an interest therein (real actions), shall be commenced and tried in the proper court that has territorial jurisdiction over the area where the real property is situated. On the other hand, all other actions, (personal actions) shall be commenced and tried in the proper courts where the plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal defendants resides."

My Answer was "yes, the action may prosper" since an action for reconveyance may be filed in any court with proper jurisdiction (he he)

Additionally (sorry, I failed to post is with previous post):

"Reconveyance is an action in personam and is always available so long as the property has not passed to an innocent third party for value.".....

Just a part of the disposition from the same above case.

Thanks

but isn't it that an action in personam could be a real action, i.e., it may be directed so as to bind against a particular person only (and not against "the whole world"), but the subject matter is something that affects title to, or possession of, real property, or real rights therein?:?:

ergo, venue should be in the proper court where the subject property is located?