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Auction in Malinta, Inc. vs. Warren Embes Luyaben

AUCTION IN MALINTA, INC., Petitioner, versus WARREN EMBES LUYABEN, Respondent.

G.R. No. 173979 | 2007-02-12

DECISION


YNARES-SANTIAGO, J.:

Assailed in this petition for review under Rule 45 of the Rules of Court is the May 31, 2005 Decision[1] of the Court of Appeals in CA-G.R. CV No. 78456, which held that venue was properly laid before the Regional Trial Court of Bulanao, Tabuk, Kalinga (Kalinga RTC), and reversed the trial court's September 3, 2002 Resolution[2] dismissing the complaint of respondent Warren Embes Lubayen in Civil Case No. 511, on the ground of improper venue.

The facts show that on October 24, 2001, respondent, a resident of Magsaysay, Tabuk, Kalinga, filed with the Kalinga RTC a complaint[3] for damages against petitioner...