E. Venue (Rule 4)

Question 1

Q: Can a complaint be dismissed by the court
motu proprio based on improper venue?

Answer 1

A: NO. Improper venue is not one of the grounds wherein the court may dismiss an action motu proprio. (Universal Corp. v. Lim, G.R. No. 154338, 05 Oct. 2007) Improper venue is an affirmative defense which the defendant may raise in his or her answer seasonably, else it is deemed waived. (Sec. 12, Rule 8, ROC, as amended; Marcos-Araneta, et al. v. CA, G.R. No. 154096, 22 Aug. 2008)

NOTE: In civil cases, venue is not a matter of jurisdiction. (Heirs. of Lopez v. de Castro, G.R. No. 112905, 3 Feb. 2000

NOTE: For Philippine courts to have jurisdiction when the abusive conduct or act of violence under Section 5(i) of R.A. No. 9262 in relation to Section 3(a), Paragraph (C) was committed outside Philippine territory, the victim be a resident of the place where the complaint is filed in view of the anguish suffered being a material element of the offense. (AAA v. BBB, G.R. No. 212448, 11 Jan. 2018)

Question 2

Venue of Real Actions

Answer 2

The venue is local; hence the venue is the place where the real property involved or, any portion thereof, is situated. (Sec. 1, Rule 4, ROC, as amended) (2008 BAR)

NOTE: An action for annulment of mortgage is a real action if there has already been a foreclosure sale. (Chua v. Total Office Products and Services, G.R. No. 152808, 30 Sept. 2005) (2016 BAR)

Question 3

Venue of Personal Actions

Answer 3

The venue is transitory; hence the venue is the residence of the plaintiff or defendant, at the option of the plaintiff. (Sec. 2, Rule 4, ROC, as amended)

NOTE: The residence of a person must be his personal, actual or physical habitation or his actual residence or abode. It does not mean fixed permanent residence to which when absent, one has the intention of returning. Actual residence may in some cases be the legal residence or domicile, but for purposes of venue, actual residence is the place of abode and not necessarily legal residence or domicile. Actual residence signifies personal residence, i.e., physical presence and actual stay thereat. This physical presence, nonetheless, must be more than temporary and must be with continuity and consistency. (Jose Baritua v. CA, et al. G.R. No. 108547, 3 Feb. 1997)

In personal actions, if the plaintiff does not reside in the Philippines, the complaint in such case may only be filed in the court of the place where the defendant resides. There can be no election as to the venue of the filing of a complaint when the plaintiff has no residence in the Philippines. (Theodore and Nancy Ang v. Spouses Alan and Em Ang G.R. No. 186993, 22 Aug. 2012)

Personal actions include those filed for recovery of personal property, or for enforcement of contract or recovery of damages for its breach, or for the recovery of damages for injury committed to a person or property (Pamaran v. Bank of Commerce, G.R. No. 205753, 04 July 2016)

Question 4

Principal Residence

Answer 4

The venue of personal actions is the court where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. (Marcos-Araneta, et al. v. CA, G.R. No. 154096, 22 Aug. 2008, supra.)

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. (Ibid.)