Scribd Logo
Upload

Welcome to Scribd!

  • 220 views

    Lizares vs. Caluag

    Uploaded by

    JL A H-Dimaculangan
    Dr. Antonio Lizares claimed Flaviano Cacnio had not paid installments for a lot in Bacolod City. Cacnio sent a check for payment which Lizares refused. Cacnio filed a case in Quezon City court seeking damages from Lizares. Lizares argued the venue was improper as the case involved property located in Bacolod. The court denied this, but the Supreme Court ultimately ruled the venue was improper as the case was essentially about establishing ownership of the Bacolod property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd

    Lizares vs. Caluag

    Uploaded by

    JL A H-Dimaculangan
    220 views1 page
    Dr. Antonio Lizares claimed Flaviano Cacnio had not paid installments for a lot in Bacolod City. Cacnio sent a check for payment which Lizares refused. Cacnio filed a case in Quezon City court seeking damages from Lizares. Lizares argued the venue was improper as the case involved property located in Bacolod. The court denied this, but the Supreme Court ultimately ruled the venue was improper as the case was essentially about establishing ownership of the Bacolod property.

    Original Description:

    Civil Procedure Case Digest

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Dr. Antonio Lizares claimed Flaviano Cacnio had not paid installments for a lot in Bacolod City. Cacnio sent a check for payment which Lizares refused. Cacnio filed a case in Quezon City court seeking damages from Lizares. Lizares argued the venue was improper as the case involved property located in Bacolod. The court denied this, but the Supreme Court ultimately ruled the venue was improper as the case was essentially about establishing ownership of the Bacolod property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    220 views1 page

    Lizares vs. Caluag

    Uploaded by

    JL A H-Dimaculangan
    Dr. Antonio Lizares claimed Flaviano Cacnio had not paid installments for a lot in Bacolod City. Cacnio sent a check for payment which Lizares refused. Cacnio filed a case in Quezon City court seeking damages from Lizares. Lizares argued the venue was improper as the case involved property located in Bacolod. The court denied this, but the Supreme Court ultimately ruled the venue was improper as the case was essentially about establishing ownership of the Bacolod property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Dr. Antonio Lizares vs. Hon.

    Hermogenes Caluag (QC- CFI Judge) and Flaviano Cacnio Facts: Flaviano Cacnio alleged that he brought from petitioner Lizares on installment Lot 4, Block 1 of the Sinkang Subdivision in Bacolod City. Cacnio received a letter of demand from Lizares representing arrears in the payment of installment plus regular and overdue interest. Cacnio then sent a check drawn by one Antonio Bernardo in favor of Lizares. But according to Cacnio, Lizares refused the check and returned it. Cacnio instituted a civil case in the CFI of Quezon City, praying for compensatory damages plus attorneys fees. Petitioner Lizares moved to dismiss the case on the ground that the venue is improperly laid, for the action affects title to or possession of real property locates in Bacolod City which was the subject matter of the contract. This was denied by the respondent court upon the ground that the action was in personam. Issue: Whether or not the venue was properly laid Held: Negative. Although the immediate remedy sought by Cacnio is to compel petitioner to accept payment made by the former, it is obvious that this relief is merely the first step to establish Cacnios title to the property. Moreover, Cacnios complaint is a means resorted to by him in order that he could retain the possession of said property. In short, venue in the main case was improperly laid and the CFI of QC should have properly granted the motion to dismiss.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy