2017 Remedial Law, Q5

After working for 25 years in the Middle East, Evan returned to the Philippines to retire in Manila, the place of his birth and childhood. Ten years before his retirement, he bought for cash in his name a house and lot in Malate, Manila. Six months after his return, he learned that his house and lot were the subject of foreclosure proceedings commenced by ABC Bank on the basis of a promissory note and a deed of real estate mortgage he had allegedly executed in favor of ABC Bank five years earlier.
Knowing that he was not in the country at the time the promissory note and deed of mortgage were supposedly executed, Evan forthwith initiated a complaint in the RTC of Manila praying that the subject documents be declared null and void.
ABC Bank filed a motion to dismiss Evan’s complaint on the ground of improper venue on the basis of a stipulation in both documents designating Quezon City as the exclusive venue in the event of litigation between the parties arising out of the loan and mortgage.
Should the motion to dismiss of ABC Bank be granted? Explain your answer. (5%)

Quick check

Does an exclusive venue stipulation bind a party who files an action to annul a contract on the ground of forgery?

According to Briones v. Court of Appeals, why can a party disavow an exclusive venue clause in a forged mortgage?

What language is required to make a venue stipulation in a written contract exclusive and restrictive?

Where should a personal action be filed under Rule 4 of the Rules of Civil Procedure in the absence of a valid venue agreement?

What is the proper ruling on a defendant bank's motion to dismiss based on an exclusive venue clause if the plaintiff alleges forgery?

Learn more about these topics

1. Exclusive Venue Stipulations
Under Rule 4 of the Rules of Court, parties may agree in writing on an exclusive venue for litigation arising from a contract. However, for a venue stipulation to be restrictive and binding, it must use clear and qualifying words such as 'exclusively', 'only', or 'solely'. An exclusive venue clause limits the place of filing to the specified court and precludes the general rules on venue in personal or real actions, provided that the underlying contract containing the clause is valid, enforceable, and not directly repudiated by the plaintiff.

2. Unenforceability in Forgery
An exclusive venue stipulation cannot be enforced against a party who assails the contract itself on the ground of forgery. As established in Briones v. Court of Appeals, enforcing a venue clause in a contract whose execution is completely denied would prematurely presuppose the validity of the forged document. When a complaint directly attacks the authenticity and existence of a contract, the plaintiff is not bound by the venue provision contained therein, and venue is properly determined under the general rules of civil procedure.

3. Personal Action Venue
Venue depends on whether an action is classified as a real action or a personal action. Real actions affect title to, or possession of, real property, and must be commenced in the court having jurisdiction over the area where the real property is situated. Personal actions may be filed where the plaintiff or defendant resides, at the election of the plaintiff. Where a property owner seeks to nullify a forged mortgage and promissory note to prevent foreclosure, venue is properly laid in the place where the property or plaintiff resides.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026