Civil Procedure: Rule 4 Venue

Section 1.  Venue of real actions. – Actions affecting title to or possession of real property, or interest therein, 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 trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated.

Section 2.  Venue of personal actions. – All other actions may be commenced and tried 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.

Section 3.  Venue of actions against nonresidents. – If any of the defendants does not reside and ins not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property of any portion thereof is situated or found.

Section 4.  When Rule not applicable. – This Rule shall not apply –

(a) In those cases where a specific rule or law provides otherwise; or

(b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.

Diaz v. Adiong, 219 SCRA 631 (’93)

Facts:  Certain public officers instituted separate criminal & civil complaints arising fr. libel vs. the publisher & editor of the Mindanao Kris, a newspaper of general circulation in Cotabato City in the RTC of Marawi City.  Diaz claims it should not be in Marawi since the resps. didn’t hold office there; nor was the article published there.

Held:  An offended party who is at the same time a public official can only institute an action arising fr. libel in 2 venues: the place where he holds office & the place where the alleged libelous articles were printed & first published.  In this case, although it is indubitable that venue was improperly laid, unless & until the deft. objects to the venue in a MTD prior to a responsive pleading, the venue cannot truly be said to have been improperly laid since, for all practical intents & purposes, the venue through technically wrong may yet be considered acceptable to the parties for whose convenience the rules on venue had been devised.

The laying of venue is procedural rather than substantive, relating  as it does to jurisdiction of the ct. over the person rather than the subject matter.  Venue relates to trial not to jurisdiction.  The rule, therefore, is that objections to improper venue must be made in a MTD before any responsive pleading is filed (Sec. 1 Rule 16).  Otherwise, it may be deemed waived.

 

LECTURE ON VENUE:

Exceptions: 

1. non-resident

a) where P resides or

b) where property or port6ion thereof is situated or found

2. when a specific Rule or Law provides otherwise

3. when parties validly agreed in writing before filing of action in the exclusive venue thereof

L:  state in agreement “shall exclusively be”  or “shall only be”; if not phrased this way, can still sue elsewhere

Person dies: (governed by Rule 87) action dismissed in cases where decedent is required to personally perform his obligation, where his estate or his heirs’ defense is that the relief cannot be complied with.  If action is for a sum of money, file it as a creditor in the settlement of estate proceedings

Pauper litigant:  one who has no money or property sufficient and available for food, shelter and basic necessities is exempted from payment of fees.

Counsel for D:  contest indigent status of party by filing a motion to reverse order declaring party as pauper litigant

THE CLAIM-ANSWER-COUNTERCLAIM-REPLY-CROSSCLAIM-LABYRINTH

P files Complaint                          So D files answer

D files counterclaim

So P files Answer to counterclaim

P then files Amended Complaint due to new matters raised

So D files an amended answer called a reply

A third guy files a CROSSCLAIM against D

So D files an answer to the crossclaim

And he files his own crossclaim against Third

While P files his Answer to the 3rd Party Complaint

THE OGDEN CASE

OGDEN-BECTEL

FILIPINO LANDOWNERS

Cause of action

X breach of contract

 

Source:  University of the Philippines

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on October 2, 2011, in Civil Procedure and tagged . Bookmark the permalink. 1 Comment.

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