LIZARES V.

CALAUAG, 4 SCRA 746 (1962)

FACTS: Flaviano Cacnio bought from Dr. Antonio Lizares on installment a parcel of
land located in Sinkang Subd Bacolod City. Cacnio made a downpayment p of
Php1,206 bal Php10,858 to be paid in 10yearly installments.

Cacnio received a letter from Lizares demanding payment of arrears in installment

payments, interests, and taxes. Cacnio sent a check to pay the amount due but
Lizares returned the check and refused the tender of payment. Cacnio instituted a
civil case in the Rizal CFI praying that Lizares be ordered “to accept the payment
being made” by him.

Petitioner MtD the complaint due to improper venue for the action affects the title or
possession of real property located in Bacolod. CFI denied MtD holding that it was
a personal action. Petitioner appealed to the CA. CA denied petition.

HELD: An action praying that defendant be ordered "to accept the payment being
made" by plaintiff for the lot which the latter contracted to buy on installment basis
from the former, to pay plaintiff compensatory damages and attorney's fees and to
enjoin defendant and his agents from repossessing the lot in question, is one that
affects title to land, and "shall be commenced and tried in the province where the
property or any part thereof lies," because, although the immediate remedy is to
compel the defendant to accept the tender of payment allegedly made, it is obvious
that this relief is merely the first step to establish plaintiff's title to real property.

Escolin: In the Bar exams of 1978, Wigberto Tañada was the Bar examiner. There
was a question using the facts of Lizares. The consensus was the case should be
filed in the place where the property was located. Tañada cited the Hernandez case
in ruling that the case should be filed in the residence of the plaintiff. Eventually,
both where considered correct.