F. Jurisdiction vs. Venue

Question 1

Definition of Venue

Answer 1

Definition
V:
The place or geographical area where an action is to be filed and tried. (Manila Railroad Company v. Attorney General, G.R No. 6287, 01 Dec. 1911)

J: Power of the court to hear and decide a case.

Question 2

When Objected

Answer 2

When Objected:

V: Can only be objected to before the other party files a responsive pleading (answer)
J: Can be brought up at any stage of the proceedings.

Question 3

Waiver

Answer 3

Waiver

V: May be waived by: 1. Failure to object through a motion to dismiss or through an affirmative defense; or Stipulation of the parties
J: Cannot be waived

Question 4

Procedural / Sub

Answer 4

V: Matter of procedural law
J: Matter of substantive law

Question 5

Stipulation

Answer 5

V: May be stipulated by the parties.
J: Cannot be the subject of the agreement of the parties

Question 6

Established relation

Answer 6

V: Establishes a relation between the plaintiff and defendant, or petitioner and respondent.
J: Establishes a relation between the court and the subject matter.

Question 7

Ground for motu proprio dismissal

Answer 7

V: GR: Not a ground for a motu proprio dismissal. (Riano, 2019) XPN: In cases subject to summary procedure.

J: It is a ground for a motu proprio dismissal in case of lack of jurisdiction over the subject matter. (Sec. 1, Rule 9, ROC)