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1 of 10 15/08/2019, 11:21 am
SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
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* FIRST DIVISION.
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SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
respondents.
MEDIALDEA, J.:
3 of 10 15/08/2019, 11:21 am
SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
“1. That the court has no jurisdiction over the subject matter
of the complaint; and
“2. That the court has no jurisdiction over the persons of the
defendants.
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SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
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SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
336
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SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
7 of 10 15/08/2019, 11:21 am
SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
“Anent the claim that Davao City had been stipulated as the
venue, suffice it to say that a stipulation as to venue does not
preclude the filing of suits in the residence of plaintiff or
defendant under Section 2 (b), Rule 4, Rules of Court, in the
absence of qualifying or restrictive words in the agreement which
would indicate that the place named is the only venue agreed
upon by the parties.”
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SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
9 of 10 15/08/2019, 11:21 am
SUPREME COURT REPORTS ANNOTATED VOLUME 176 file:///C:/Users/SUE/Desktop/176 SCRA 331_files/saved_resource.html
Decision reversed.
——o0o——
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