MEMORY AID FOR CIVIL PROCEDURE

[VENUE]
VENUE The place or the geographical area in
which a court with jurisdiction may hear and
determine a case.
VENUE IN CIVIL CASES VS. VENUE IN CRIMINAL CASES
CIVIL CASES
CRIMINAL CASES
Relates only to the place of
trial or the geographical
location in which an action An essential element of
or proceeding should be
jurisdiction in criminal
brought. It does not
actions.
equate jurisdiction of the
court.
Venue is procedural and not Venue is substantive and
substantive.
thus jurisdictional.
Venue determines not only
the place where the
Venue is intended to accord
criminal action is to be
convenience to the
instituted, but also the
parties, as it relates to the
court that has the
place of trial.
jurisdiction to try and hear
the case.

JURISPRUDENCE vs. VENUE

JURISPRUDENCE
Jurisdiction is the authority
to hear and determine a
case.
Jurisdiction is a matter of
substantive law.
Jurisdiction establishes a
relation between the court
and subject matter.
Jurisdiction is fixed by law
and cannot be conferred
by the parties.

VENUE
Venue is the place where
the case is to be hear or
tried.
Venue is procedural law.
Venue pertains to the
relationship between the
plaintiff and the defendant
or petitioner and
respondent.
Venue may be conferred by
the act or agreement of
the parties

Real the venue is local and thus would depend

upon the place where the property or any portion
of the same is situated.
VENUE FOR PERSONAL ACTION
If plaintiff and defendant lives in the Philippines
- The venue is where the plaintiff or any of the
principal plaintiff resides or where the
defendant or any of the principal defendant
resides, at the election of the plaintiff. [Section
2, Rule 4 of Rules of Court]

If the defendant is a non-resident

The venue is where the plaintiff or any of the

principal plaintiff resides, or where the nonresident defendant may be found, at the
election of the plaintiff. [Section 2, Rule 4 of
Rules of Court]

Actions for damages and actions to collect a

sum of money

It may be filed in either the residence of the

plaintiff or the residence of the defendant at
the election of the plaintiff.

VENUE FOR PERSONAL ACTION

Actions affecting title or possession of real
property or interest therein
- The venue is local and refers to the place
where the real property is involved or any
portion thereof is situated. [Section 1, Rule 4 of
Rules of Court]

LATORRE VS. LATORRE :

ISSUE: The action was for declaration of nullity of the
Deed of Sale and collection for money.

HEIRS OF LOPEZ VS. DE

CASTRO :
Venue is procedural, not jurisdictional and hence may be
waived. It is meant to provide convenience to the parties,
rather than restrict their access to the court as it relates to
the place of trial.

VENUE FOR PARTICULAR ACTION

Personal the venue is deemed transitory and
generally depends upon the residence of the
parties.

HELD: The Supreme Court held in this case that we

adhere to the principle that the nature of the action is
determined by the allegations in the Complaint itself,
rather than by its title or heading. It is also settled that
what determines the venue of a case is the primary
objective for the filing of the case. In her complaint, the
petitioner sought the nullification of the Deed of Absolute
Sale (DoAS) on the strength of two basic claims that: (1)
she did not execute the deed in favor of the respondent,
and (2) she still owned of the subject property.
Indubitably, petitioners complaint is a real action involving
the recovery of the subject property on the basis of her coownership.

ANONYMOUS DONOR | 1

SPOUSES SARAZA VS.

FRANCISCO :
Where the action is for specific performance and does not
involve recovery of real property, the action is a personal
action. The action, therefore, may be commenced and
tried where the plaintiff resides, or where the defendant or
any of the principal defendants resides, at the election of
the plaintiff.

GOCHAN vs. GOCHAN :

Where a complaint is denominated as one for specific
performance but nonetheless, prays for the issuance of a
deed of sale for a parcel of land, to enable the plaintiff to
acquire ownership thereof, its primary objective and nature
is one to recover the parcel of land itself and thus, is
deemed a real action. The venue of the real action
therefore, is the place where the real property involved is
situated.

VENUE OF ACTIONS AGAINST NON-RESIDENTS

AFFECTING THE PERSONAL STATUS OF THE
PLAINTIFF; ACTIONS AFFECTING PROPERTY OF
THE NON-RESIDENT IN THE PHILIPPINES

a. Any of the defendants is a non-residents and

at the same time, not found in the Philippines.
b. The action affects the personal status of the
plaintiff
c. The action affects any property of the nonresident defendant located in the Philippines.
Section 3, Rule 4 of the Rules of Court:
The action in the above situations may be
commenced and tried in the court of the place where
the plaintiff resides or where the property or the
portion there is situated or found.
WHEN THE RULES ON VENUE DO NOT APPLY
(1) When there is a specific rule or law which
provides for otherwise:
Quo warranto proceeding this
particular rule does not consider the
residence of the respondent.
Petitioner for a continuing writ of
mandamus
The civil action for damages in written
defamation
Where the parties have validly agreed
in writing before the filing of the action
on the exclusive venue thereof

ANONYMOUS DONOR | 2