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AT HIS BEST, MAN IS THE NOBLEST OF ALL ANIMALS; SEPERATED FROM LAW AND

JUSTICE HE IS THE WORST


REMEDIAL LAW REVIEW NOTES

RULE 4: VENUE 4. Jurisdiction is fixed by law and cannot be


conferred by the parties; Venue may be
conferred by the act or agreement by the
MEANING OF VENUE parties.
5. Lack of Jurisdiction over the subject
matter is a ground for motu proprio
Venue is the place or the geographical area in
dismissal; Wrong Venue is not a ground
which a court with jurisdiction may hear and
for motu proprio dismissal except in
determine a case or the place where a case is to be
cases subject to summary procedure.
tried.
6. Jurisdiction over the subject matter can
be raised at any stage of the proceedings
VENUE IN CIVIL CASES VS CRIMINAL
since it is conferred by law; Objection to
CASES
the improper Venue must be raised either
Venue is procedural and not substantive. In civil in a motion to dismissed or in the answer.
cases, venue is not a matter of jurisdiction.
However, venue is an essential element of
jurisdiction in criminal cases. VENUE OF PERSONAL ACTION

In criminal cases, where the information is files The venue in personal action is where the plaintiff
in a place where the offense was not committed, or any of the principal plaintiff resides or where
the information can be quashed for lack of the defendant or any of the principal defendants
jurisdiction over the offense charge. resides, at the election of the plaintiff.

The reason why venue is jurisdictional in criminal If the defendant is non-resident, the venue is
cases is two-fold: where the plaintiff or any of the principal
plaintiffs resides, or where the non-resident
1. The jurisdiction of the trial court is defendant may be found, at the election of the
limited to well-defined territories. plaintiff.
2. Grounded on the necessity and justice of
having an accused on trial in the Baritua vs CA:
municipality of province where
witnesses and other facilities for his Section 2 (b) of Rule 4 speaks of the place where
defense are available. the defendant or the plaintiff resides. We have
held that the residence of a person must be his
personal, actual or physical habitation or his
VENUE VS JURISDICTION actual residence or abode. It does not mean fixed
permanent residence to which when absent, one
1. Jurisdiction is the authority to hear and
has the intention of returning. The word resides
determine a case; Venue is the place
connotes actual residence as distinguished from
where the case is to be heard or tried.
legal residence or domicile. Actual residence
2. Jurisdiction is a matter of substantive
may in some cases be the legal residence or
law; Venue is a matter of procedure.
domicile, but for purposes of venue, actual
3. Jurisdiction establishes a relation
residence is the place of abode and not necessarily
between the court and the subject matter;
legal residence or domicile. Actual residence
Venue is a relation between the plaintiff
signifies personal residence, i.e., physical
and defendant or petitioner and
presence and actual stay thereat. This physical
respondent.
AT HIS BEST, MAN IS THE NOBLEST OF ALL ANIMALS; SEPERATED FROM LAW AND
JUSTICE HE IS THE WORST
REMEDIAL LAW REVIEW NOTES

presence, nonetheless, must be more than SC, CA or RTS exercising jurisdiction


temporary and must be with continuity and over the territory where the actionable
consistency. neglect or omission occurred.
a.3. Civil Action for damages in
VENUE OF REAL ACTION written defamation:
Action affecting, title to or possession of real RTC of the province or city where the
property, or interest therein, shall be commenced libelous article is printed or first
and tried in the proper court which has published or where any of the offended
jurisdiction over the area wherein the real parties actually resides at the time of the
property involved, or a portion thereof, is commission of the offense.
situated.
2. Where the party validly agreed in writing
Where, however, a complaint is denominated as before the filing of the action on the
one of specific performance but, nonetheless, exclusive thereof.
prays for the issuance of the deed of sales for a
parcel of land, to enable the plaintiff to acquire EFFECT OF STIPULATION ON
ownership thereof, its primary objective and VENUE
nature is one to recover the parcel of land itself,
and thus, is deemed a real action. The venue of The parties may stipulate on the venue as
long as the agreement is:
1. In writing
VENUE OF ACTION AGAINST NON- 2. Made before the filing of the action
RESIDENTS 3. Exclusive as to the venue
the action, therefore, is the place where real
property involved is situated. Philippine Banking Corporation vs Tensuan:
If any of the defendant does not reside and is not Settled is the rule on stipulations regarding venue
found in the Philippines, and the action affects the are considered valid and enforceable, venue
personal status of the plaintiff or any property of stipulations in a contract do not, as a rule,
the said defendant located in the Philippines, the supersede the general rule set forth in Rule 4 of
action may be: the Revised Rules of Court in the absence of
qualifying or restrictive words. The should be
1. Commenced and tried in the court of the considered merely as an agreement or additional
place where the plaintiff resides or; forum, not as limiting venue to the specified
2. Where the property or any portion place.
thereof is situated or found.
At the option of the plaintiff. Examples of words with restrictive meaning:
only; solely; exclusively; in no other court save;
WHEN THE RULES OF VENUE DO particularly; nowhere else but
NOT APPLY
VENUE IN A CONTRACT OF
1. In those cases where a specific rule or law ADHESION
provides otherwise.
a.1. Quo warranto proceeding: The Court had ruled that contracts of adhesion
CA, SC or RTC of Manila might be occasionally stuck down only if there
a.2. Petition for a continuing writ was a showing that the dominant bargaining party
of mandamus (Envi Cases): left the weaker party without any choice as to be
AT HIS BEST, MAN IS THE NOBLEST OF ALL ANIMALS; SEPERATED FROM LAW AND
JUSTICE HE IS THE WORST
REMEDIAL LAW REVIEW NOTES

completely deprived of an opportunity to bargain Since the constitutional provision does not
effectively. distinguish between criminal and civil cases, this
rule is applicable to both.
Sweet Lines, Inc. vs Teves:

Considering the state of the shipping industry and


the circumstances under which a contract of
adhesion is prepared, the Court considered the
condition as subversive of public policy on
transfer of venue of actions.

DISMISSAL BASED ON IMPROPER


VENUE

A motu proprio dismissal based on improper


venue is plain error and patently incorrect. The
court can only dismiss an action motu proprio in
case of lack of jurisdiction over the subject
matter, litis pendentia, res judicata and
prescription.

Dacuycoy vs Immediate Appellate Court:


Unless and until the defendant objects to the
venue in a motion to dismiss, the venue cannot be
truly said to be improperly laid, because the
venue, although technically wrong, may be
acceptable to the parties for whose convenience
the rules on venue have been devised.

The court may, however, effect a motu proprio


dismissal of the complaint based on improper
venue in an action covered by rules of summary
procedure. (e.g. small claims and forcible entry
and unlawful detainer)

Denial of a motion to dismissed based on


improper venue cannot be appealed for it is only
an interlocutory order.

AUTHORITY OF SC IN RELATION TO
VENUE OF CASES
To avoid miscarriage of justice, the SC may order
change in venue (Sec 5. Par 4, Art. VIII,
Constitution of RP).