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Question 4
4. Ulrich is resident and owner of a house and lot situated in Pasay City.
Thereafter, Ulrich discovered a deed of real estate mortgage over the
house and lot which he supposedly executed to secure a loan from Nigel.
The mortgage contract contained a stipulation that “all civil actions
arising from or connected with this instrument or any of its provisions
shall be brought before the proper courts of Bacolod City, to the exclusion
of all other venues of action which are hereby expressly waived.”
Aggrieved, Ulrich filed against Nigel an action to declare void the
spurious deed of real estate mortgage before the Regional Trial Court in
Pasay City. In his answer, Nigel raised an affirmative defense that the
venue was improperly laid. The action must be filed exclusively in
Bacolod City pursuant to the mandatory venue stipulation. Which
between Pasay City and Bacolod City is the proper venue for the
action to nullify the deed of real estate mortgage? Explain.
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