8/13/2019 Golden Arches v St.francis Square

1/2

GOLDEN ARCHES DEVELOPMENT CORPORATION v.ST.FRANCIS SQUAREHOLDINGS, INC.

G.R. No. 183843, 19 Jana!" #$11, THIRD DIVISION, %MORALES, J.&

Section 2, Rule 4 of the Rules of Court authorizes the plaintiff to make achoice of venue for personal actions whether to file the complaint in the placewhere he resides or where defendant resides. With respect to a domesticcorporation, it is in a metaphsical sense a resident of the place where itsprincipal office is located as stated in the articles of incorporation! or otherwisethe place where it had actuall "een residin#! or holdin# its principal office.

Petitioner Golden Arches Development Corporation (Golden Arches)entered into a lease contract over a property owned by Prince City Realty, Inc.located at the corner of !lia "ar#as Aven!e and $an%Drive, &rti#as Center, 'andal!yon# City. he said lease contract commenced on!ne *,++ and was to terminate on -eb!ary *, /.

&n 0ovember , 1, however, Golden Arches informed respondent, 2t.-rancis 23!are 4oldin#s, Inc. (2t. -rancis 23!are), s!ccessor5in5interest of A2$4oldin#s, Inc. by which Prince Realty, Inc. event!ally became %nown, of itsintention to discontin!e the lease.

&n 'ay 6, *, 2t. -rancis 23!are filed an action for breach of contractand dama#es a#ainst Golden Arches before the Re#ional rial Co!rt (RC) of'andal!yon#. Golden Arches then filed a 'otion to Dismiss for lac% of ca!se ofaction and improper ven!e, claimin# that the complaint sho!ld have been filedin 'a%ati since 2t. -rancis 23!are maintains its principal address in 'a%ati asrecords of the 2ec!rities and 78chan#e Commission (27C) in * show. $y

filin# the complaint in 'andal!yon#, 2t. -rancis violated 2ection , R!le 6 of theR!les of Co!rt. In opposition, 2t. -rancis 23!are claims that it had closed downits office in 'a%ati effective December 9+, : as it now holds office in'andal!yon# City of which Golden Arches is aware.

he RC of 'andal!yon# denied the 'otion to Dismiss and Golden Arches;'otion for Reconsideration, findin# that the ven!e was properly laid downconsiderin# that 2t. -rancis 23!are;s Articles of Incorporation stated that itsprincipal office is located in 'etro 'anila and the case was filed in 'andal!yon#City which is part or a place within 'etro 'anila. &n petition for certiorariandprohibition, the Co!rt of Appeals affirmed the decision of the RC.

4ence, this petition.

ISSUE'

8/13/2019 Golden Arches v St.francis Square

2/2

HELD'

Petition DENIED.

2t. -rancis 23!are;s complaint, bein# one for enforcement of contract!alprovisions and recovery of dama#es, is in the nat!re of a personal action which,!nder 2ection , R!le 6 of the R!les of Co!rt, shall be filed at the plaintiff;sresidence. 2pecifically with respect to a domestic corporation, it is =in ametaphysical sense a resident of the place where its principal office is locatedas stated in the articles of incorporation.>

he letters of Golden Arches itself to 2t. -rancis indicate the address ofthe latter to be at 2t. -rancis 23!are 'all, !lia "ar#as, &rti#as Center, ?!st asthe letters of 2t. -rancis 23!are to Golden Arches before the filin# of thecomplaint indicate its address to be at 2t. -rancis 23!are 'all, !lia "ar#as,&rti#as Center. Golden Arches was th!s p!t on notice that at 2t. -rancis23!are;s filin# of the complaint, the latter;s b!siness address has been at

'andal!yon#.

Altho!#h, 2t. -rancis 23!are;s Amended Articles of Incorporation of *indicates that its principal b!siness address is at ='etro 'anila>, ven!e wasproperly laid in 'andal!yon# since that is where it had act!ally been =residin#>(or holdin# its principal office) at the time it filed its complaint. 2ection , R!le 6of the R!les of Co!rt a!thori@es the plaintiff (2t. -rancis 23!are in this case) toma%e a choice of ven!e for personal actions whether to file the complaint inthe place where he resides or where defendant resides. 2t. -rancis 23!are;schoice m!st be respected as =the controllin# factor in determinin# ven!e forcases is the primary ob?ective for which said cases are filed.> 2t. -rancis

23!are;s p!rpose in filin# the complaint in 'andal!yon# where it holds itsprincipal office is obvio!sly for its convenience and for orderly administration of?!stice.