Definition of Venue
Venue is the place where an action or proceeding is brought and tried. It refers to the territorial limits within which judicial power is exercised over an action or special proceeding. It is the place where the action must be instituted and tried. Venue relates to the geographical location in which an action or proceeding should be brought. It is not an element of jurisdiction.
Distinction from Jurisdiction
Venue is distinct from jurisdiction.
- Jurisdiction is the authority of a court to hear, try, and decide a case. It is a matter of substantive law. Jurisdiction is conferred by law and cannot be changed by agreement of the parties. Jurisdiction over the subject matter is raised at any stage of the proceedings since it is conferred by law, although a party may be barred from raising it on the ground of estoppel.
- Venue is the place where the action must be instituted and tried. Venue is a matter of procedural law. It is meant to provide convenience to the parties, rather than restrict access to the courts. While jurisdiction is fixed by law, venue may be conferred by the act or agreement of the parties.
Purpose of Venue Rules
The rules on venue are designed to insure a just and orderly administration of justice and the impartial and evenhanded determination of every action and proceeding. The rules aim to attain the greatest convenience possible to party-litigants by taking into consideration the maximum accessibility to them of the courts of justice.
Determination of Venue
Venue depends on the nature of the action.
- Real Actions: Actions affecting title to or possession of real property, or an 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.
- 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. "Resides," in the rules on venue for personal actions, means the place of abode, whether permanent or temporary, of the plaintiff or defendant as distinguished from "domicile" which denotes a fixed permanent residence. Residence must be more than temporary.
- Actions Against Non-Residents: If any of the defendants does not reside and is 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 or any portion thereof is situated or found. An action affecting the personal status of the plaintiff should be commenced in the place of residence of such plaintiff. If the action affects property located in the Philippines belonging to such non-resident defendant, the venue should be the place where such property is located.
- Venue for Forcible Entry and Detainer: 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. This falls under the exclusive original jurisdiction of the MTC.
Effect of Improper Venue
When the complaint is commenced in the wrong place, the defendant may file an answer pleading the ground of improper venue as an affirmative defense. If such ground is not raised in the answer, it shall be deemed waived. An omnibus motion rule applies, requiring all defenses and objections not pleaded in an answer or motion to dismiss or in the answer to be deemed waived, except lack of jurisdiction over the subject matter. The court may, however, motu proprio dismiss a complaint based on improper venue under the Rules on Expedited Procedures in the First Level Courts within thirty (30) calendar days from the filing of the answer. Under the Rules on Expedited Procedures, a First Level Court may dismiss the case outright or on the grounds of dismissal of a civil action. For proper cases, the court may dismiss the case outright or upon motion covered by the summary procedure.