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GOLDEN ARCHES DEVELOPMENT CORPORATION v. ST.FRANCIS SQUARE HOLDINGS, INC. G.R. No. 183843, 19 Jan a!

" #$11, THIRD DIVISION, %MORALES, J.& Section 2, Rule 4 of the Rules of Court authorizes the plaintiff to make a choice of venue for personal actions whether to file the complaint in the place where he resides or where defendant resides. With respect to a domestic corporation, it is in a metaph sical sense a resident of the place where its principal office is located as stated in the articles of incorporation! or otherwise the 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 its intention to discontin!e the lease. &n 'ay 6, )..*, 2t. -rancis 23!are filed an action for breach of contract and dama#es a#ainst Golden Arches before the Re#ional (rial Co!rt (R(C) of 'andal!yon#. Golden Arches then filed a 'otion to Dismiss for lac% of ca!se of action and improper ven!e, claimin# that the complaint sho!ld have been filed in 'a%ati since 2t. -rancis 23!are maintains its principal address in 'a%ati as records 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 the R!les of Co!rt. In opposition, 2t. -rancis 23!are claims that it had closed down its office in 'a%ati effective December 9+, )..: as it now holds office in 'andal!yon# City of which Golden Arches is aware. (he R(C of 'andal!yon# denied the 'otion to Dismiss and Golden Arches; 'otion for Reconsideration, findin# that the ven!e was properly laid down considerin# that 2t. -rancis 23!are;s Articles of Incorporation stated that its principal 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 certiorari and prohibition, the Co!rt of Appeals affirmed the decision of the R(C. 4ence, this petition. ISSUE' <hether or not 2t.-rancis 23!are;s violated 2ection ), R!le 6 of the R!les of Co!rt in filin# an action for breach of contract and dama#es a#ainst Golden Arches in the R(C of 'andal!yon#

HELD' Petition DENIED. 2t. -rancis 23!are;s complaint, bein# one for enforcement of contract!al provisions 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;s residence. 2pecifically with respect to a domestic corporation, it is =in a metaphysical sense a resident of the place where its principal office is located as stated in the articles of incorporation.> (he letters of Golden Arches itself to 2t. -rancis indicate the address of the latter to be at 2t. -rancis 23!are 'all, !lia "ar#as, &rti#as Center, ?!st as the letters of 2t. -rancis 23!are to Golden Arches before the filin# of the complaint 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. -rancis 23!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 was properly 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 6 of the R!les of Co!rt a!thori@es the plaintiff (2t. -rancis 23!are in this case) to ma%e a choice of ven!e for personal actions A whether to file the complaint in the place where he resides or where defendant resides. 2t. -rancis 23!are;s choice m!st be respected as =the controllin# factor in determinin# ven!e for cases 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 its principal office is obvio!sly for its convenience and for orderly administration of ?!stice.

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