D. VENUE Flashcards
Venue
Venue relates only to the place of trial or the geographical location in which an action or proceeding should be brought. It is intended to accord convenience to the parties and does not equate to the jurisdiction of the court. [Dolot v. Paje, G.R. 199199 (2013)]
Choosing the venue of an action is not left entirely to a plaintiff’s caprice; the matter is regulated by the ROC. [Ang v. Sps. Ang, G.R. No. 186993 (2012)]
Improper venue is no longer one of the grounds for a motion to dismiss under the Amended Rules. However, the ground of the venue being improperly laid is one of those that may be set as an Affirmative Defense in the answer. The failure to raise the affirmative defense in the answer will constitute a waiver of such. [Sec 12, Rule 8]
Venue of real actions
Real actions shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is situated.
Forcible entry and detainer actions shall be commenced and tried in the municipal court of the municipality or city wherein the real property involved, or a portion thereof, is situated.
[Sec. 1, Rule 4]
Venue of personal actions
All other actions may be commenced and tried, at the plaintiff’s election:
a. Where the plaintiff or any of the principal plaintiffs resides, or
b. Where the defendant or any of the principal defendants resides, or
c. In case of a non-resident defendant, where he may be found. [Sec. 2, Rule 4]
The plaintiff or the defendant must be residents of the place where the action has been instituted at the time the action is commenced [Ang v. Sps. Ang, G.R. No. 186993 (2012)]
Sec. 2 of Rule 4 indicates quite clearly that when there is more than one plaintiff in a personal action case, the residences of the principal parties should be the basis for determining proper venue [Marcos-Araneta v. Court of Appeals, G.R. No. 154096, August 22, 2008
]
Jurisdiction
Jurisdiction is the court’s authority to hear and determine a case. The court’s jurisdiction over the nature and subject matter of an action is conferred by law and not subject to stipulation of the parties. It relates to the nature of the case. [Radiowealth Finance Co. Inc. v. Nolasco, G.R. No. 227146, November 14, 2016]
Residence of a juridical entity
A corporation cannot be allowed to file personal actions in a place other than its principal place of business unless such place is also the residence of a co-plaintiff or defendant. [Davao Light v. CA, G.R. No. 111685 (2001)]
Since the principal place of business of a corporation determines its residence or domicile, then the place indicated in petitioner’s articles of incorporation becomes controlling in determining the venue for this case. [Hyatt Elevators and Escalators Corp. v. Goldstar Elevators Phils., 473 SCRA 705]
Residence of a sole proprietor
Parties to an action may agree in writing on the venue on which an action should be brought. However, a mere stipulation on the venue of an action is not enough to preclude parties from bringing a case in other venues. In the absence of qualifying or restrictive words, they should be considered merely as an agreement on additional forum, not as limiting venue to the specified place.
General rule is venue in personal actions is “where the defendant or any of the defendants resides or may be found, or where the plaintiff or any of the plaintiffs resides, at the election of the plaintiff.”
The exception to this rule is when the parties agree on an exclusive venue other than the places mentioned in the rules. [Mangila v. Court of Appeals, G.R. No. 125027, August 12, 2002]
Venue of actions against non-residents (R4S3)
Non-resident found in the Philippines
a. Personal action: where the nonresident defendant may be found, as authorized by Sec. 2, Rule 4, but with an additional alternative venue, i.e., the residence of any of the principal plaintiffs, pursuant to Secs. 2 and 3, Rule 4. [1 Regalado 121, 2010 Ed.]
b. Real action: in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is situated. [Sec. 1, Rule 4]
Non-resident not found in the Philippines, and the action affects:
a. Personal status of plaintiff – where plaintiff resides, or
b. Property of defendant in the Philippines – where the property, or any portion thereof, is situated or found [Sec. 3, Rule 4]
Briones doctrine on restirctive stipulations on venue
As regards restrictive stipulations on venue, jurisprudence instructs that it must be shown that such stipulation is exclusive. In the absence of qualifying or restrictive words, such as “exclusively,” “waiving for this purpose any other venue,” “shall only” preceding the designation of venue, “to the exclusion of the other courts,” or words of similar import, the stipulation should be deemed as merely an agreement on an additional forum, not as limiting venue to the specified place.
In Pilipino Telephone Corporation v. Tecson, the Court held that an exclusive venue stipulation is valid and binding, provided that: (a) the stipulation on the chosen venue is exclusive in nature or in intent; (b) it is expressed in writing by the parties thereto; and (c) it is entered into before the filing of the suit.
