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The laying of venue is procedural rather than substantive, relating as it does to jurisdiction of the court over the person
rather than the subject matter. Venue relates to trial and not to jurisdiction. It is a procedural, not a jurisdictional,
matter. It relates to the place of trial or geographical location in which an action or proceeding should be brought and not
to the jurisdiction of the court. It is meant to provide convenience to the parties, rather than restrict their access to the
courts as it relates to the place of trial. In contrast, in criminal actions, it is fundamental that venue is jurisdictional it
being an essential element of jurisdiction.
Facts: WON the RTC acquired jurisdiction over the civil case
Tan filed a complaint for damages against upon the filing of the original complaint for damages. –
Nocum, PDI, Umali and ALPAP with the RTC YES
Makati. The complaint failed to state the
residence of the complainant at the time of The cause of action is for damages arising from libel,
the alleged commission of the offense or the jurisdiction over which is vested with the RTC pursuant to
place where the libelous article was printed Art. 360 of the RPC designating a CFI to try a libel case.
and first published. He sought moral and PDI and Nocum argue that the original complaint failed to
exemplary damages for allegedly malicious confer jurisdiction on the RTC because of its deficiencies: it
and defamatory imputations in a news article. merely contained the office address of Tan and not his actual
residence or the place where the news reports were first
PDI and Nocum filed a joint answer, alleging: published. This is a matter of venue, not jurisdiction.
- The complaint failed to state a cause of
action The allegations of venue do not confer jurisdiction on the
- The defamatory statements alleged RTC, nor did the dismissal on the ground of the lack thereof
were general conclusions without divest the court of jurisdiction over the case. The failure to
factual premises allege such only gave the RTC the power, upon motion, to
- The news report was privileged as it dismiss the complaint on the ground that the venue was not
was a fair and true report on matters of properly laid.
public interest concerning a public
figure Venue has nothing to do with jurisdiction, except in
criminal cases. This is a civil case for damages, and so
failure to allege venue is not a jurisdictional impediment.
- Malice was negated by publication in PDI and Nocum would have been correct if this were a
the same article of Tan’s or PAL’s side criminal case for libel because such would have gone into the
of the dispute with the pilot’s union. territorial jurisdiction of the court.
ALPAP and Umali also filed their joint In fact, they recognized the jurisdiction of the RTC by filing
answer, alleging: their answers to the complaint, albeit questioning the
- There is no cause of action propriety of venue instead of filing a motion to dismiss.
- Venue was improperly laid
- Tan was not a real party in interest.
The SC held that the court may not dismiss a case motu propio for being filed on the wrong venue because venue is a
matter of convenience of the parties. Only the parties may object to the venue.
FACTS: Dacoycoy, a resident of Cainta, Rizal, WON the trial court may motu proprio dismiss a complaint
filed before in RTC Antipolo branch a on the ground of improper venue?—NO.
complaint against De Guzman praying for the
annulment of 2 deeds of sale involving a Jurisdiction treats of the power of the court to decide a case
parcel of rice land situated in Barrio Estanza, on the merits. Venue deals on the locality, the place where
Lingayen, Pangasinan, the surrender of the the suit may be had.
produce thereof and damages for private
respondent's refusal to have said deeds of sale The laying of venue is procedural rather than substantive. It
set aside upon petitioner's demand. Before relates to the jurisdiction of the court over the person rather
summons could be served to De Guzman, than the subject matter. Provisions relating to venue establish
RTC Executive Judge issued an order a relation between the plaintiff and the defendant and not
requiring counsel for petitioner to confer with between the court and the subject matter. Venue relates to
respondent trial judge on the matter of venue. trial not to jurisdiction, touches more of the convenience of
After said conference, the trial court dismissed the parties rather than the substance of the case.
the complaint on the ground of improper
venue. It found that the action is a real action RTC has jurisdiction over the subject matter according to
over a parcel of land outside the territorial Section 19(2) of BP 129: exclusive original jurisdiction over “all
jurisdiction of the RTC. civil actions which involve the title to, or possession of, real
property, or any interest therein x x x"
IAC: affirmed RTC’s dismissal of the
complaint The RTC could have acquired jurisdiction over the
defendant, either by his voluntary appearance in court and
PETITIONER’S ARGUMENT: The right to his submission to its authority, or by the coercive power of
question the venue of an action belongs solely legal process exercised over his person. The RTC should have
to the defendant and that the court or its exhausted the alternative modes of service of summons.
magistrate does not possess the authority to
confront the plaintiff and tell him that the Unless and until the defendant objects to the venue in a
venue was improperly laid, as venue is motion to dismiss, the venue cannot be truly said to have
waivable. been improperly laid, as for all practical intents and
purposes, the venue, though technically wrong, may be
RESPONDENT’S ARGUMENT: The acceptable to the parties for whose convenience the rules on
dismissal of the complaint is proper because venue had been devised. The trial court cannot pre-empt the
the same can "readily be assessed as a real defendant's prerogative to object to the improper laying of
action." He asserts that "every court of justice the venue by motu proprio dismissing the case.
before whom a civil case is lodged is not even
obliged to wait for the defendant to raise that
venue was improperly laid. The court can take
judicial notice and motu proprio dismiss a suit
clearly denominated as real action and
improperly filed before it.
UNITED OVERSEAS BANK PHILS. VS. ROSEMOORE MINING, 518 SCRA 123
The venue of real actions affecting properties found in different provinces is determined by the SINGULARITY or
PLURALITY of the transactions involving said parcels of land. Where said parcels are the object of one and the same
transaction, the venue is in the court of any of the provinces wherein a parcel of land is situated.
Facts: WON Rosemoor committed forum-shopping in filing the
Private respondent Rosemoor Mining and Malolos case during the pendency of the Manila case. – NO.
Development Corporation filed an action for
damages, accounting, release of the balance of The rule on venue of real actions is provided in Section 1,
the loan and machinery and annulment of Rule 4 of the 1997 Rules of Civil Procedure, which reads in
foreclosure sale against petitioner before the part:
RTC of Manila. Petitioner filed an Urgent
Motion to Dismiss the private respondent's Section 1. Venue of Real Actions. Actions affecting
complaint on the ground of improper venue. title to or possession of real property, or interest
Consequently, the private respondent therein, shall be commenced and tried in the proper
amended its Complaint, this time praying for court which has jurisdiction over the area wherein the
Accounting, Release of the Balance of the Loan real property involved, or a portion thereof, is
and Damages. The RTC of Manila issued an situated.
Omnibus Resolution denying the same for
lack of merit. Private respondent filed a The venue of the action for the nullification of the foreclosure
Second Amended Complaint, dropping sale is properly laid with the Malolos RTC although two of
Lourdes Pascual as plaintiff and impleaded the properties together with the Bulacan properties are
the officers of the petitioners as defendants. situated in Nueva Ecija. The venue of real actions affecting
Private respondent filed another action for properties found in different provinces is determined by the
Injunction with Damages before the RTC of SINGULARITY or PLURALITY of the transactions involving
Malolos, Bulacan. The filing of the above said parcels of land. Where said parcels are the object of one
mentioned case prompted the petitioner to file and the same transaction, the venue is in the court of any of
a second Motion to Dismiss before the RTC of the provinces wherein a parcel of land is situated.
Manila on the ground of forum shopping. The
Manila RTC denied the second Motion to Elements of forum-shopping: (a) identity of parties, or at
Dismiss for lack or merit. A third Motion to least such parties as represent the same interests in both
Dismiss Civil Case was filed by the petitioner actions; (b) identity of rights asserted and reliefs prayed for,
with the Manila RTC this time raising the the reliefs being founded on the same facts; and (c) the
issue of jurisdiction. The Manila RTC denied identity with respect to the two preceding particulars in the
petitioner's third Motion to Dismiss Civil Case two cases is such that any judgment rendered in the pending
on the ground that petitioner was already cases, regardless of which party is successful, amount to res
estopped to raise the issue. Court of Appeals judicata in the other case.
affirmed the Manila RTC Orders.
(1) As to the existence of identity of parties, several bank
officers and employees impleaded in the Amended
Complaint in the Manila case were not included in
the Malolos case.
They went to the proper branch office and was Conditions printed on a ticket is a contract of adhesion. A
relocated to M/S "Sweet Town" where they contract of adhesion is not that kind of a contract where the
were forced to agree "to hide at the cargo parties may sit down to deliberate, discuss and agree
section to avoid inspection of the officers of specifically on all its terms, but rather, one which
the Philippine Coastguard." and they respondents took no part at all in preparing the same. It
were exposed to the scorching heat of the sun merely mposed upon passengers they paid for the fare for the
and the dust coming from the ship's cargo of freight they wanted to ship, without giving them an option
corn grits and their tickets were not honored to negotiate or agree to the terms.
so they had to purchase a new one
Condition No. 14 printed at the back of the passage tickets
They sued Sweet Lines for damages and for should be held as void and unenforceable for the following
breach of contract of carriage before the reasons
Court of First Instance of Misamis Oriental - It is not just and fair to bind passengers to the terms
who dismissed the complaint for improper of the conditions printed at the back of the passage
venue. It granted a motion to dismiss tickets, on which Condition No. 14 is printed in fine
premised on the condition printed at the back letters
of the tickets. - Sustaining the condition will prejudice rights and
interests of innumerable passengers in different s of
the country who, under Condition No. 14, will have
to file suits against petitioner only in the City of
Cebu .
- It is subversive of public policy on transfers of venue
of actions
- Thehilosophy underlying the provisions on transfer
of venue of actions is the convenience of the plaintiffs
as well as his witnesses and to promote the ends of
justice
UNIMASTERS CONGLOMERATION, INC. VS. CA, 267 SCRA 759
Summary. Kubota and Unimasters agreed to have all suits arising out of tthere agreement be filed with
appropriate courts of QUEZON CITY. Unimasters filed action for recovery of money before RTC-
TACLOBAN, his principal place of business. Kubota moved to dismiss case on the ground of improper
venue. Court held that Absent additional words and expressions definitely and unmistakably denoting the
parties' desire and intention that actions between them should be ventilated only at the place selected by
them, Quezon City -- or other contractual provisions clearly evincing the same desire and intention -- the
stipulation should be construed, not as confining suits between the parties only to that one place, Quezon
City, but as allowing suits either in Quezon City or Tacloban City, at the option of the plaintiff Unimasters.
(1) Unless the parties make very clear, by employing categorical and suitably limiting language, that they wish the
venue of actions between them to be laid only and exclusively at a definite place, and to disregard the
prescriptions of Rule 4, agreements on venue are not to be regarded as mandatory or restrictive, but merely
permissive, or complementary of said rule.
(2) Improper venue in civil cases is not a jurisdictional defect, in fact it may be waived if not properly raised in a
motion for dismiss. Just because venue is improperly laid does not necessarily mean the court does not have
jurisdiction.
Facts: WON venue was improperly laid. – NO.
Kubota and Unimasters entered into a
Dealership Agreement for Sales and Services Since convenience is the raison d'etre of the rules of venue,
of Kubota’s products in Samar and Leyte. venue stipulations should be deemed permissive merely, and
Their Contract contained that: “All suits that interpretation should be adopted which most serves the
arising out of this agreement shall be filed parties' convenience.
with/in the proper courts of QUEZON
CITY,” and that “Unimasters is bound to Because restrictive stipulations are in derogation of this
obtain a credit line with Metrobank-Tacloban general policy, the language of the parties must be so clear
in the amount of 2M to answer for its and categorical as to leave no doubt of their intention to limit
obligations to Kubota” the place or places, or to fix places other than those indicated
in Rule 4, for their actions. Of essence is the ascertainment of
Five years later, Unimasters filed an action in the parties' intention in their agreement governing the venue
RTC-Tacloban against Kubota, Go and of actions between them.
Metrobank-Tacloban for damages for breach
of contract, injunction with prayer for TRO.
The RTC issued a TRO enjoining Metrobank The construction placed on venue stipulations is that they do
from authorizing payment of any alleged not negate but merely complement or add to the codal
obligation of Unimasters to Kubota against standards of Rule 4 of the Rules of Court. In other words,
the credit line, or charging Unibank for any unless the parties make very clear, by employing
amount paid and released to Kubota. Set categorical and suitably limiting language, that they wish
injunction hearing to Jan 10. the venue of actions between them to be laid only and
exclusively at a definite place, and to disregard the
Kubota filed 2 motions—one for dismissal prescriptions of Rule 4, agreements on venue are not to be
of case on the ground of improper venue and regarded as mandatory or restrictive, but merely
another for transfer of injunction hearing to permissive, or complementary of said rule.
Jan. 11, 1994 because of unavailability of
counsel due to prior commitment
CASE AT BAR: Absent additional words and expressions
RTC dismissed Kubota’s motion to dismiss. definitely and unmistakably denoting the parties' desire
The RTC explained: Kubota’s principal place and intention that actions between them should be
of business is in Quezon City, while ventilated only at the place selected by them, Quezon City -
Unimaster’s principal place of business is in - or other contractual provisions clearly evincing the same
Tacloban. Thus, the proper venue is either desire and intention -- the stipulation should be construed,
Tacloban or Quezon City. QC and Manila, as not as confining suits between the parties only to that one
agreed upon in the Dealership Agreement, are place, Quezon City, but as allowing suits either in Quezon
additional places other than the place stated City or Tacloban City, at the option of the plaintiff
(UNIMASTERS in this case).
in the Rules of Court. The filing in Tacloban
then, is proper. With regard to KUBOTA's theory that the Regional Trial
Court had "no jurisdiction to take cognizance of
UNIMASTERS' action considering that venue was
Kubota challenged the Orders via special civil improperly laid." This is not an accurate statement of legal
action of certiorari and prohibition, principle. It equates venue with jurisdiction; but venue has
contending that it has been issued with grave nothing to do with jurisdiction, except in criminal actions.
abuse of discretion This is fundamental. The action at bar, for the recovery of
more than 20,000, is assuredly within the jurisdiction of
CA agreed with Kubota: The stipulation RTC.Assuming that the venue were improperly laid in the
respecting venue in the agreement limited the Court where the action was instititred, the Tacloban RTC,
venue of all suits arising thereunder only and that would be a procedural, not a jurisdictional
exclusively to the “proper courts of Quezon impediment—precluding ventilation of this case before that
City.” CA denied MR. Court of wrong venue notwithstanding that the subject
matter is within its jurisdiction. However, If the objection to
PETITIONER’S ARGUMENT: Unibank venue is waived by the failure to set it up in a motion to
claims that in the absence of qualifying or dismiss, the RTC would proceed in perfectly regular fashion
restrive words, venue stipulations in a it it then tried and decided the action.
contract should be considered merely as
agreement on additional forum, not as
limiting venue to the specified place.
Residence of a corporation is the place where its principal office is established. the residence or domicile of a juridical
person is fixed by "the law creating or recognizing" it. Under Section 14(3) of the Corporation Code, the place where the
principal office of the corporation is to be located is one of the required contents of the articles of incorporation, which
shall be filed with the Securities and Exchange Commission (SEC).
Facts: WON venue was improperly laid. – YES.
GOLDSTAR is a domestic corporation
primarily engaged in the business of Section 2 of Rule 4 of the 1997 Revised Rules of Court: "Sec.
marketing, distributing, selling, importing, 2. Venue of personal actions. - All other actions may be
installing, and maintaining elevators and commenced and tried where the plaintiff or any of the
escalators, with address at 6th Floor, Jacinta principal plaintiff resides, or where the defendant or any of
II Building, 64 EDSA, Guadalupe, Makati the principal defendant resides, or in the case of a non-
City. resident defendant where he may be found, at the election of
the plaintiff."