Sy vs. Tyson, G.R. No. L56763 December 15, 1982

 JOHN SY and UNIVERSAL PARTS SUPPLY CORPORATION vs. TYSON ENTERPRISES, INC., JUDGE GREGORIO G. PINEDA and COURT OF APPEALS

G.R. No. L56763 December 15, 1982

FACTS:

1. Tyson Enterprises, Inc. filed against John Sy and Universal Parts Supply Corporation in the Court of First Instance of Rizal, Pasig Branch XXI, a complaint for the collection of P288,534.58 plus interest, attorney's fees and litigation expenses.
2. It is alleged in the complaint that John Sy, doing business under the trade name, Universal Parts Supply, is a resident of Fuentebella Subdivision, Bacolod City and that his codefendant, Universal Parts Supply Corporation, allegedly controlled by Sy, is doing business in Bacolod City.
3. Curiously enough, there is no allegation in the complaint as to the office or place of business of plaintiff Tyson Enterprises, Inc., a firm actually doing business at 1024 Magdalena, now G. Masangkay Street, Binondo, Manila.
4. What is alleged is the postal address or residence of Dominador Ti, the president and general manager of plaintiff firm, which is at 26 Xavier Street, Greenhills Subdivision, San Juan, Rizal.
5. The evident purpose of alleging that address and not mentioning the place of business of plaintiff firm was to justify the filing of the suit in Pasig, Rizal instead of in Manila.
6. Defendant Sy and Universal Parts Supply Corporation first filed a motion for extension of time to file their answer and later a motion for a bill of particulars.
7. The latter motion was denied. Then, they filed a motion to dismiss on the ground of improper venue.

ISSUE:

            Whether or not there is improper venue

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RULING:

            There is no question that the venue was improperly laid in this case. The place of business of plaintiff Tyson Enterprises, Inc., which for purposes of venue is considered as its residence, because a corporation has a personality separate and distinct from that of its officers and stockholders. Consequently, the collection suit should have been filed in Manila, the residence of plaintiff corporation and the place designated in its sales invoice, or it could have been filed also in Bacolod City, the residence of defendant Sy.

You can support our page by clicking any of the following links:    RPC Book 1 by Reyes Codal Set Statutory Construction Introduction to Law Criminal Procedure Law On Property Human Rights Education Civil Law Reviewer Constitutional Law