“A.M. No. 02-11-10-SC
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
Section 4. Venue. - The Petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing. Or in the case of non-resident respondent, where he may be found in the
For purposes of venue, the less technical definition of "residence" is adopted. Thus, it is understood to mean as "the personal, actual or physical habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay thereat. In this popular sense, the term means merely residence, that is, personal residence, not legal residence or domicile. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile." (Saludo vs. American Express, G.R. No. 159507. April 19, 2006)
The residence of a person is his personal, actual or physical habitation or his actual residence or place of abode provided he resides therein with continuity and consistency; no particular length of time of residence is required. However, the residence must be more than temporary. The term residence involves the idea of something beyond a transient stay in the place; and to be a resident, one must abide in a place where he had a
house therein. To create a residence in a particular place, two fundamental elements are essential: The actual bodily presence in the place, combined with a freely exercised intention of remaining there permanently or for an indefinite time... Where one may have or own a business does not of itself constitute residence within the meaning of the statute. Pursuit of business in a place is not conclusive of residence there for purposes of venue. (Agustin vs. Pamintuan, G.R. No. 164938. August 22, 2005)
As thus defined, "residence", in the context of venue provisions, means nothing more than a person's actual residence or place of abode, provided he resides therein with continuity and consistency. (Jao vs. CA, G.R. No. 128314. May 29, 2002)
We lay down the doctrinal rule that the term 'resides' connotes ex vi termini 'actual residence' as distinguished from 'legal residence or domicile'. The term 'resides', like the term 'residing' or 'residence' is elastic and should be interpreted in the light of the object or purpose of the statute or rule in which it is employed. . . . In other words, 'resides' should be viewed or understood in its popular sense, meaning, the personal, actual or physical habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay thereat. No particular length of time of residence is required though; however, the residence must be more than temporary. (Bejer vs. Court of Appeals, supra, citing Dangwa Transportation Co., Inc. vs. Sarmiento, 75 SCRA 124 [1977])
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