Monday, January 16, 2006

Actions and Venue

I will have my prelim exam on Remedial Law Tonight. The coverage are Jurisdiction, Barangay Conciliation, and Rules 1 to 14. So wish me luck...

Some pointers:

Splitting of causes of action - It is the practice of dividing one cause of action into different parts and making each part the subject of a separate complaint. The filing of the first may be pleaded in abatement of the other or others and a judgment upon the merits in any one is available as a bar to the others.

On the question of venue, it is well settled that the question on venue must not be be;atedly raised, otherwisw, it is deemed waived. Improper venue should be objected to as follows:
(a) in amotion to dismiss filed within the time but before the filing of the answer.
(b) in the answer as an affirmative defense over which, in the discretion of the court, a preliminary hearing may be held as if a motion to dismiss had been filed.

Question of the Day
May the trial court motu propio dismiss a complaint on the ground of improper venue?


  1. Hello, I believe that a judge needs to act on a motion to dismiss based on improper venue so he cannot motu propio dismiss the case.

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