2016 Remedial Law, Q4

Eduardo, a resident of the City of Manila, filed before the Regional Trial Court (R TC) of Manila a complaint for the annulment of a Deed of Real Estate Mortgage he signed in favor of Galaxy Bank (Galaxy), and the consequent· foreclosure and auction sale of his mortgaged Makati property. Galaxy filed a Motion to Dismiss on the ground of improper venue alleging that the complaint should be filed with the RTC ofMakati since the complaint involves the ownership and possession of Eduardo’s lot. Resolve the motion with reasons. (5%)

Quick check

What determines whether a civil action is classified as a real action or a personal action?

Where is the proper venue for instituting a personal action under Rule 4 of the Rules of Court?

Why is an action for the annulment of a real estate mortgage categorized as a personal action?

If a plaintiff residing in Manila files a complaint to annul a mortgage over his property located in Makati, where is venue proper?

Under Rule 4 of the Rules of Court, what is the legal effect of instituting a personal action in the RTC of the plaintiff's residence?

Learn more about these topics

1. Action Nature
In civil procedure, actions are classified as either real or personal depending on their primary objective. A real action affects title to, possession of, or interest in real property, whereas a personal action seeks the recovery of personal property, enforcement of a contract, or recovery of damages. An action to annul a real estate mortgage is considered a personal action because a mortgage is merely an accessory contract that does not convey title to or ownership over the mortgaged real estate.

2. Venue of Actions
Venue refers to the geographic location or specific court where an action may be instituted and tried. Under Rule 4 of the Rules of Court, real actions must be commenced and tried in the court having jurisdiction over the area where the real property is situated. Conversely, personal actions may be commenced and tried where the plaintiff resides, where the defendant resides, or in the case of a non-resident defendant, where he may be found, at the election of the plaintiff.

3. Mortgage Annulment Venue
When a plaintiff files an action primarily seeking the annulment of a mortgage contract prior to any valid transfer of title resulting from foreclosure, the action remains personal in character. The fact that the property subject of the mortgage is located in a different municipality or city does not compel the plaintiff to file the case in that location. Venue is properly laid in the RTC of the city where the plaintiff actually resides at the time the complaint is filed.

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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.

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