Rule 4 - Venue of Actions

• Meaning of Venue: Venue is the place or geographical area where a court with jurisdiction may hear and determine a case. It is the place where a case is to be tried.
• Nature of Venue: In civil cases, venue is procedural, not substantive, and does not equate to the court's jurisdiction. Improper venue is not the same as lack of jurisdiction. Venue becomes jurisdictional only in criminal cases. Venue relates to the place of trial and convenience of parties, establishing a relation between the plaintiff and the defendant, unlike jurisdiction which relates the court to the subject matter.
• Waiver of Venue: Since venue in civil cases is procedural, it can be waived by the parties. Objections to improper venue must be raised in a motion to dismiss or in the answer; otherwise, the defense is deemed waived. A court generally cannot dismiss a case motu proprio (on its own motion) for improper venue.

• Determining Venue: The initial step in determining venue is to ascertain if the action is real or personal. The nature of the action is primarily determined by the allegations in the complaint and the reliefs sought.

• Real Actions (Rule 4, Sec. 1): These actions affect title to or possession of real property or an interest in it. Venue for real actions is local, meaning it is where the real property involved, or a portion thereof, is situated. Examples include actions to recover ownership, forcible entry, unlawful detainer, accion publiciana, actions to annul a sale of land where ownership recovery is the issue, and foreclosure of mortgage. Forcible entry and unlawful detainer actions are specifically commenced and tried in the municipal trial court where the property is situated.

• Personal Actions (Rule 4, Sec. 2): These are all actions not classified as real actions. They seek recovery of personal property, enforcement of a contract, or recovery of damages. Venue for personal actions is transitory, depending on the residence of the plaintiff or any principal plaintiff, or the defendant or any principal defendant, at the plaintiff's election. Examples include actions for specific performance (even if property transfer results) and actions for a sum of money.
• Actions Against Non-Residents (Rule 4, Sec. 3): If a defendant does not reside and cannot be found in the Philippines, and the action affects the plaintiff's personal status or the defendant's property located in the Philippines, venue is where the plaintiff resides or where the property is situated.
• Exceptions to General Venue Rules (Rule 4, Sec. 4): The general rules on venue do not apply in two instances:
• Where a specific rule or law provides otherwise.
• Where the parties have validly agreed in writing on an exclusive venue before the action was filed.
• Venue Stipulations: Parties may stipulate on venue in writing before filing the action, and the stipulation must be exclusive. Stipulations are either restrictive (exclusive) or merely permissive (adding an additional forum). Absent clear and categorical language showing exclusivity, stipulations are interpreted as merely permissive, complementing the rules, not restricting venue to the specified place. Words like "only," "solely," "exclusively," or "waiving any other venue" indicate a restrictive stipulation. Restrictive stipulations should clearly evince the parties' intention to limit the place of filing.

Specific applications of venue rules:

• Quo Warranto: Venue depends on the court. If in the Supreme Court or Court of Appeals, venue is where the court sits, regardless of respondent's residence. If in the Regional Trial Court, it is where the respondent resides. If commenced by the Solicitor General, it may be in the Regional Trial Court of Manila, the Court of Appeals, or the Supreme Court.
• Cybercrime Offenses: Applications for warrants may be filed before designated cybercrime courts where the offense was committed, is being committed, is about to be committed, or where any part of the computer system used is situated. Criminal actions are filed where the offense or its elements occurred, where any computer system used is situated, or where damage occurred, with the first court acquiring jurisdiction.
• Mandamus (Environmental Cases): Petition is filed with the Regional Trial Court exercising jurisdiction over the territory where the actionable neglect or omission occurred, the Court of Appeals, or the Supreme Court.
• Small Claims Cases: Regular venue rules apply. However, if the plaintiff is a lending/banking business with a branch where the defendant resides or does business, the case is filed there.
• Arbitration Proceedings: Petitions to recognize/enforce arbitration agreements or set aside awards, and applications for assistance, are special proceedings filed with the RTC where arbitration occurred, where assets are located, where the enjoined act is performed, where a party resides or has business, or in the National Judicial Capital Region.