G.R. No. 127444 - People vs. Velasco

Petitioner Aniceto G. Saludo, Jr. is a Filipino citizen, member of the House of Representatives, and alleged resident of Ichon, Macrohon, Southern Leyte.
Respondents American Express International, Inc. (AMEX), Ian T. Fish and Dominic Mascrinas are a corporation and its officers, with principal office in Makati City.

Petitioner alleged two wrongful dishonors of his principal and supplementary AMEX credit cards (April and June 2000) due to unilateral suspension for alleged non-payment, followed by cancellation on July 20, 2000.
He claimed damages for inconvenience, mental anguish, humiliation, and injury to his political and professional standing, praying for actual, moral and exemplary damages, plus attorney’s fees.

In RTC Maasin City, Branch 25, respondents raised lack of cause of action and improper venue. The trial court denied these defenses in Orders dated September 10, 2001 and January 2, 2002.
Respondents secured a TRO from the Court of Appeals on March 14, 2002, and on May 22, 2003 the CA granted certiorari, holding venue improperly laid in Southern Leyte and enjoining further proceedings except to dismiss. A motion for reconsideration was denied on August 14, 2003.
Petitioner then filed a petition for review on certiorari with the Supreme Court.

Whether the Court of Appeals erred in holding that venue was improperly laid in Southern Leyte because no party, including petitioner, was a resident there at the time of filing.

Whether the CA should have taken judicial notice of petitioner’s incumbency and residency in Southern Leyte.
Whether the CA misapplied the distinctions between “residence” and “domicile” and relevant precedents (e.g., Koh v. CA, Dangwa Transp. Co. v. Sarmiento).