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    Planters Development Banks vs. Ramos

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    MAC
    The Supreme Court ruled that the stipulation on venue agreed upon by the parties should govern. The stipulation stated that any suit arising from the real estate mortgage or promissory note must be filed exclusively in Makati City. Stipulations on venue can be either permissive or restrictive, and in this case the parties' intention was for the venue to be restrictive by specifying Makati City as the exclusive venue. As the stipulation was not contrary to law or public policy and was agreed upon freely, it has the force of law between the parties and should be complied with.

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    Planters Development Banks vs. Ramos

    Uploaded by

    MAC
    88 views1 page
    The Supreme Court ruled that the stipulation on venue agreed upon by the parties should govern. The stipulation stated that any suit arising from the real estate mortgage or promissory note must be filed exclusively in Makati City. Stipulations on venue can be either permissive or restrictive, and in this case the parties' intention was for the venue to be restrictive by specifying Makati City as the exclusive venue. As the stipulation was not contrary to law or public policy and was agreed upon freely, it has the force of law between the parties and should be complied with.

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    The Supreme Court ruled that the stipulation on venue agreed upon by the parties should govern. The stipulation stated that any suit arising from the real estate mortgage or promissory note must be filed exclusively in Makati City. Stipulations on venue can be either permissive or restrictive, and in this case the parties' intention was for the venue to be restrictive by specifying Makati City as the exclusive venue. As the stipulation was not contrary to law or public policy and was agreed upon freely, it has the force of law between the parties and should be complied with.

    Copyright:

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

    Planters Development Banks vs. Ramos

    Uploaded by

    MAC
    The Supreme Court ruled that the stipulation on venue agreed upon by the parties should govern. The stipulation stated that any suit arising from the real estate mortgage or promissory note must be filed exclusively in Makati City. Stipulations on venue can be either permissive or restrictive, and in this case the parties' intention was for the venue to be restrictive by specifying Makati City as the exclusive venue. As the stipulation was not contrary to law or public policy and was agreed upon freely, it has the force of law between the parties and should be complied with.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Planters Development Banks vs.

    Ramos
    G.R. No. 228617 September 20, 2017

    Issue: Whether or not the stipulation on venue should govern the parties.

    Held: Yes.

    The general rules on venue admit of exceptions in Section 4 thereof, i.e., where a specific rule or
    law provides otherwise, or when the parties agreed in writing before the filing of the action on the
    exclusive venue thereof.

    Stipulations on venue, however, may either be permissive or restrictive. "Written stipulations as to


    venue may be restrictive in the sense that the suit may be filed only in the place agreed upon, or merely
    permissive in that the parties may file their suit not only in the place agreed upon but also in the places
    fixed by law. As in any other agreement, what is essential is the ascertainment of the intention of the
    parties respecting the matter."

    In the instant case, there is an identical stipulation in the real estate mortgages executed by the
    parties, pertaining to venue. It reads as follows:

    18. In the event of suit arising from out of or in connection with this mortgage and/or the
    promissory note/s secured by this mortgage, the parties hereto agree to bring their causes of
    action exclusively in the proper court/s of Makati, Metro Manila, the MORTGAGOR waiving
    for this purpose any other venue.

    In this case, it was agreed that any suit or action that may arise from the mortgage contracts or
    the promissory notes must be filed and tried in Makati only. Not being contrary to law or public policy, the
    stipulation on venue, which PDB and Spouses Ramos freely and willingly agreed upon, has the force of
    law between them, and thus, should be complied with in good faith.

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