Sunday, December 28, 2014

Saludo vs Garcia Fule

Rule 73 of the Rules of Court says that the residence of the decedent at his death determines the venue of the proceeding.

Festin in his book Special Proceedings, A Foresight to the Bar Exam, 2011 Edition has this on page 11:


So far, so good. But in his effort to find a new SC decision he quoted the case of Saludo v AMEX on page 15:



Saludo's case is about his complaint for damages against AMEX due to wrongful dishonor of his credit card. But Festin presented it as if Saludo  gives us another way of looking at residence in relation to Section 1, Rule 73. Thus on page 16 he quotes:


In fact, the quotation, as used in Saludo is a direct quotation from Garcia Fule, which means Saludo does not give us any new insights about Section 1 of Rule 73.

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