VOL. 121, MARCH 28, 1983 331: Punsalan, Jr. vs. Vda. de Lacsamana
VOL. 121, MARCH 28, 1983 331: Punsalan, Jr. vs. Vda. de Lacsamana
VOL. 121, MARCH 28, 1983 331: Punsalan, Jr. vs. Vda. de Lacsamana
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* FIRST DIVISION.
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MELENCIO-HERRERA, J.:
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„x x x
22. That defendant, Philippine National Bank, through its
Branch Manager x x x by virtue of the request of defendant x x x
executed a document dated July 31, 1978, entitled Amendment to
Deed of Absolute Sale x x x wherein said defendant bank as Vendor
sold to defendant Lacsamana the building owned by the plaintiff
under Tax Declaration No. 5619, notwithstanding the fact that said
building is not owned by the bank either by virtue of the public
auction sale conducted by the Sheriff and sold to the Philippine
National Bank or by virtue of the Deed of Sale executed by the bank
itself in its favor on September 27, 1977 x x x;
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suant to Article 415, No. 1 of the New Civil Code; and, as such the
action of the plaintiff is a real action affecting title to real property
which, under Section 2, Rule 4 of the New Rules of Court, must be
5
tried in the province where the property or any part thereof lies.‰
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5 p. 35, ibid.
6 „ART. 415. The following are immovable property.
(1) Land, buildings, roads and constructions of all kinds adhered to
the soil;
xxx
7 3 Manresa 20.
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is a real action.
Respondent Court, therefore, did not err in dismissing
the
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case on the ground of improper venue (Section11
2, Rule
4) , which was timely raised (Section 1, Rule 16) .
PetitionerÊs other contention that the case should
proceed in so far as respondent Lacsamana is concerned as
she had already filed an Answer, which did not allege
improper venue and, therefore, issues had already been
joined, is likewise untenable. Respondent PNB is an
indispensable party as the validity of the Amended
Contract of Sale between the former and respondent
Lacsamana is in issue. It would, indeed, be futile to proceed
with the case against respondent Lacsamana alone.
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Petition denied.
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