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    On Venue

    Uploaded by

    Nic Nalpen
    civil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    On Venue

    Uploaded by

    Nic Nalpen
    36 views1 page
    civil

    Original Title

    On venue

    Copyright

    © © All Rights Reserved

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    DOCX, PDF, TXT or read online from Scribd

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    civil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views1 page

    On Venue

    Uploaded by

    Nic Nalpen
    civil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ON VENUE

    Note: Granting that Hill Rock Hardware and Construction Supply is a


    mere Sole proprietorship and not a corporation, there would be no
    issue as to venue:

    “A sole proprietorship does not possess a juridical


    personality separate and distinct from the personality
    of the owner of the enterprise. The law merely
    recognizes the existence of a sole proprietorship as a form of
    business organization conducted for profit by a single
    individual and requires its proprietor or owner to secure
    licenses and permits, register its business name, and pay
    taxes to the national government. The law does not vest a
    separate legal personality on the sole proprietorship
    or empower it to file or defend an action in court.

    Thus, not being vested with legal personality to file this case,
    the sole proprietorship is NOT the plaintiff in this case
    but rather Loreta Guina in her personal capacity. In
    fact, the complaint in the lower court acknowledges in its
    caption that the plaintiff and defendant are Loreta Guina and
    Anita Mangila, respectively. The title of the petition before us
    does not state, and rightly so, Anita Mangila v. Air Swift
    International, but rather Anita Mangila v. Loreta Guina.
    Logically then, it is the residence of private
    respondent Guina, the proprietor with the juridical
    personality, which should be considered as one of the
    proper venues for this case.”

    Opinion: Rule 4, Section 2 is still the controlling rule.

    SEC.2. Venue of Personal Actions. – All other actions may be


    commenced and tried where the plaintiff or any of the principal
    plaintiffs resides, or where the defendant or any of the prinicipal
    defendants resides, or in the case of a non-resident defendant,
    where he may be found, at the election of the plaintiff.

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