venue.pdf

GENERAL PRINCIPLES REMEDIAL LAW B. VENUE IN CIVIL ACTIONS the real property involved, or any portion thereof, is situated. [1 Riano 151, 2016 Bantam E...

GENERAL PRINCIPLES REMEDIAL LAW B. VENUE IN CIVIL ACTIONS the real property involved, or any portion thereof, is situated. [1 Riano 151, 2016 Bantam Ed.] In civil cases, it is a procedural matter and not jurisdictional, as compared to criminal cases, Where the subject-matter of the action where the venue is jurisdictional. involves various parcels of land situated in different provinces, the venue is determined Venue relates only to the place of trial or the by the singularity or plurality of the transactions geographical location in which an action or involving said parcels of land. Thus, where said proceeding should be brought. It is intended to parcels are the objects of one and the same accord convenience to the parties and does not transaction, the venue is in the court of any of equate to the jurisdiction of the court [Dolot v. the provinces wherein a parcel of land is situated. Paje, G.R. 199199 (2013)]. [1 Regalado 118, 2010 Ed., citing El Hogar Filipino v. Seva, G.R. No. 36627 (1932)] On dismissal based on improper venue Improper venue is no longer one of the grounds for a motion to dismiss under the b. VENUE OF PERSONAL ACTIONS Amended Rules. However, the ground of the All other actions may be commenced and tried, at venue being improperly laid is one of those that the plaintiff’s election: may be set as an Affirmative Defense in the a. Where the plaintiff or any of the principal answer. The failure to raise the affirmative plaintiffs resides, or defense in the answer will constitute a waiver of b. Where the defendant or any of the such. [Sec 12, Rule 8] principal defendants resides, or c. In case of a non-resident defendant, However, the court may make a motu proprio where he may be found. [Sec. 2, Rule 4] dismissal for improper venue, inter alia, in actions covered by the Rules on Summary Procedure The plaintiff or the defendant must be residents [Sec. 4], Rule of Procedure for Small Claims cases of the place where the action has been instituted [Sec. 9], and in ejectment cases. [Sec. 5, Rule at the time the action is commenced [Ang v. Sps. 70] Ang, G.R. No. 186993 (2012)]. a. VENUE OF REAL ACTIONS Definition of residence Real actions shall be commenced and tried in The residence of a person is his personal, the proper court which has jurisdiction over the actual or physical habitation or his actual area wherein the real property involved, or a residence or place of abode, which may not portion thereof is situated. necessarily be his legal residence or domicile provided he resides therein with continuity and Forcible entry and detainer actions shall be consistency [Boleyley v. Villanueva, G.R. No. commenced and tried in the municipal court of 128734 (1999)]. the municipality or city wherein the real property involved, or a portion thereof, is situated. [Sec. 1, A corporation cannot be allowed to file personal Rule 4] actions in a place other than its principal place of business unless such place is also the The rule, in its simplified form, means that if the residence of a co-plaintiff or defendant. [Davao action is real, the action is local, as opposed Light v. CA, G.R. No. 111685 (2001)]. to transitory, and the venue is the place where 19 BOC 2024 GENERAL PRINCIPLES REMEDIAL LAW c. VENUE OF ACTIONS AGAINST territory where the NON-RESIDENTS actionable neglect or Non-resident found in the Philippines omission occurred or a. Personal action: where the with the Court of nonresident defendant may be found, as Appeals or the Supreme authorized by Sec. 2, Rule 4, but with an Court. additional alternative venue, i.e., the iii. Civil and criminal action for residence of any of the principal damages in written defamation. plaintiffs, pursuant to Secs. 2 and 3, Rule [Art. 360, RPC] 4. [1 Regalado 121, 2010 Ed.] 1. Note that for written b. Real action: in the proper court which defamations, the default has jurisdiction over the area wherein the venue would be the real property involved, or a portion place where the libelous thereof is situated. [Sec. 1, Rule 4] article is first published or where any of the offended parties reside Non-resident not found in the 2. In case that the Philippines, and the action affects: offended party is a a. Personal status of plaintiff – where public officer, the proper plaintiff resides, or venue would be either b. Property of defendant in the where he holds office at Philippines – where the property, or the time of the any portion thereof, is situated or found commission of the [Sec. 3, Rule 4] crime, or the place where the libelous d. WHEN THE RULES ON VENUE DO article is first published NOT APPLY [Art. 360, RPC] a) Cases where a specific rule or law b) Parties have validly agreed in writing provides otherwise; examples: before the filing of an action on the i. Quo warranto proceeding exclusive venue thereof. [Sec. 4, Rule 4] commenced by the Solicitor General, [Sec. 7, Rule 66] e. EFFECTS OF STIPULATIONS ON 1. The action may be VENUE brought in the Supreme The parties may stipulate on the venue as long Court, the Court of as the agreement is: Appeals, or in a Regional a. In writing, Trial Court in the City of b. Made before the filing of the action, and Manila. c. Exclusive as to the venue ii. Petition for a continuing writ of mandamus, and [Sec. 2, Rule 8, Types of stipulations on venue Rules of Procedure for a. Restrictive: suit may be filed only in the Environmental Cases] place agreed upon 1. The petition shall be b. Permissive: parties may file their suit filed with the Regional not only in the place agreed upon but Trial Court exercising also in the places fixed by the rules jurisdiction over the 20 BOC 2024 GENERAL PRINCIPLES REMEDIAL LAW [Briones v. CA and Cash Asia, G.R. No. or proceeding involving any matter within the 204444 (2015)] authority of the lupon shall be filed or instituted directly in court or any other government office Requirement to be binding for adjudication, unless there has been a To be binding, the parties must have agreed on confrontation between the parties before the the exclusive nature of the venue of any lupon chairman or the pangkat, and that no prospective action between them. The agreement conciliation or settlement has been reached as of parties must be restrictive and not permissive certified by the lupon secretary or pangkat [1 Regalado 124, 2010 Ed.] secretary as attested to by the lupon or pangkat chairman or unless the settlement has been In the absence of qualifying or restrictive repudiated by the parties thereto [Sec. 412 (a), words (e.g. “only/solely/exclusively in such R.A. 7160]. court”), venue stipulation is merely permissive; that is, the stipulated venue is in addition to the Exceptions venue provided for in the rules [Polytrade Corp. The parties may go directly to court in the v. Blanco, G.R. No. L-27033 (1969)] following instances: (1) Where the accused is under detention; When stipulation may be disregarded (2) Where a person has otherwise been The court may declare agreements on venue as deprived of personal liberty calling contrary to public policy if such stipulation for habeas corpus proceedings; unjustly denies a party a fair opportunity to (3) Where actions are coupled with file suit in the place designated by the Rules. The provisional remedies such as court shall take into consideration the economic preliminary injunction, attachment, conditions of the parties, the practical need to delivery of personal property and support avoid numerous suits filed against the defendant pendente lite; and in various parts of the country and the peculiar (4) Where the action may otherwise be circumstances of the case [1 Regalado 124-125, barred by the statute of limitations. 2010 Ed., citing Hoechst Philippines v. Torres, [Sec. 412 (b), R.A. 7160] G.R. No. L-44351 (1978)] On Conciliation Among Members of A complaint directly assailing the validity of Indigenous Cultural Communities the written instrument itself should not be bound by the exclusive venue stipulation The customs and traditions of indigenous cultural contained therein and should be filed in communities shall be applied in settling disputes accordance with the general rules on venue between members of the cultural communities [Briones v. CA and Cash Asia, G.R. No. 204444 [Sec. 412 (c), R.A. 7160]. (2015)]. Subject Matter for Amicable Settlement VIII. REVISED KATARUNGANG The lupon of each barangay shall have authority PAMBARANGAY LAW to bring together the parties actually residing in (R.A. 7160) the same city or municipality for amicable settlement of all disputes except: General Rule (a) Where one party is the government, or Conciliation is a pre-condition to the filing of any subdivision or instrumentality complaint in court. No complaint, petition, action, thereof; 21 BOC 2024 GENERAL PRINCIPLES REMEDIAL LAW (b) Where one party is a public officer or within the same city respondent or any of employee, and the dispute relates to or municipality the respondents the performance of his official functions; actually resides, (c) Offenses punishable by imprisonment exceeding one (1) year or a fine All disputes involving In the barangay where exceeding Five thousand pesos real property or any the real property or the (P5,000.00); interest therein larger portion thereof (d) Offenses where there is no private is situated offended party; (e) Where the dispute involves real Those arising at the In the barangay where properties located in different cities workplace where the such workplace or or municipalities unless the parties contending parties institution is located thereto agree to submit their differences are employed or at to amicable settlement by an appropriate the institution where lupon; such parties are (f) Disputes involving parties who actually enrolled for study reside in barangays of different [Sec. 409, R.A. 7160]. cities or municipalities, except where such barangay units adjoin each other Objections to Venue and the parties thereto agree to submit Objections to venue shall be raised in the their differences to amicable settlement mediation proceedings before the punong by an appropriate lupon; barangay; otherwise, the same shall be (g) Such other classes of disputes which deemed waived. Any legal question which may the President may determine in the confront the punong barangay in resolving interest of justice or upon the objections to venue herein referred to may be recommendation of the Secretary of submitted to the Secretary of Justice or his duly Justice. designated representative, whose ruling thereon shall be binding [Sec. 409, R.A. 7160]. The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial, motu proprio refer the case to the lupon concerned for Procedure for Amicable Settlement amicable settlement [Sec. 408 (c), R.A. 7160]. (a) Who may initiate proceeding Venue Upon payment of the appropriate filing fee, any individual who has a cause of action Disputes Venue against another individual involving any matter Disputes between Lupon of said within the authority of the lupon may complain, persons actually barangay orally or in writing, to the lupon chairman of residing in the same the barangay. barangay (b) Mediation by lupon chairman Those involving At the election of the Upon receipt of the complaint, the lupon actual residents of complainant, in the chairman shall, within the next working different barangays barangay where the 22 BOC 2024 GENERAL PRINCIPLES REMEDIAL LAW day, summon the respondent(s), with notice In the event that a party moves to to the complainant(s) for them and their disqualify any member of the pangkat by witnesses to appear before him for a mediation reason of relationship, bias, interest, or any of their conflicting interests. other similar grounds discovered after the constitution of the pangkat, the matter shall be If he fails in his mediation effort within fifteen resolved by the affirmative vote of the majority (15) days from the first meeting of the parties of the pangkat whose decision shall be final. before him, he shall forthwith set a date for the Should disqualification be decided upon, the constitution of the pangkat in accordance with resulting vacancy shall be filled as herein the provisions of this Chapter. provided for. (c) Suspension of prescriptive period of (e) Period to arrive at a settlement offenses The pangkat shall arrive at a settlement or While the dispute is under mediation, resolution of the dispute within fifteen (15) conciliation, or arbitration, the prescriptive days from the day it convenes in periods for offenses and cause of action under accordance with this section. existing laws shall be interrupted upon filing of the complaint with the punong This period shall, at the discretion of the barangay. pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases. The prescriptive periods shall resume upon [Sec. 410, R.A. 7160] receipt by the complainant 1. of the complaint or the certificate of Form of Settlement repudiation or All amicable settlements shall be in writing, in a 2. of the certification to file action issued language or dialect known to the parties, by the lupon or pangkat secretary: signed by them, and attested to by the lupon chairman or the pangkat chairman, as the case Provided, however, That such interruption may be. shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. When the parties to the dispute do not use the (d) Issuance of summons; hearing; same language or dialect, the settlement shall be grounds for disqualification written in the language known to them. [Sec. 411, R.A. 7160] The pangkat shall convene not later than three (3) days from its constitution, on the Arbitration day and hour set by the lupon chairman, to (a) The parties may, at any stage of the hear both parties and their witnesses, simplify proceedings, agree in writing that they issues, and explore all possibilities for amicable shall abide by the arbitration award of settlement. For this purpose, the pangkat may the lupon chairman or the pangkat. issue summons for the personal appearance of (i) Period to repudiate: Within parties and witnesses before it. five (5) days from the date thereof for the same grounds and in accordance with the 23 BOC 2024 GENERAL PRINCIPLES REMEDIAL LAW procedure hereinafter settlement agreed upon by the parties prescribed. before the lupon chairman or the pangkat (ii) When the arbitration award chairman shall be submitted to the court and shall be made: after the lapse upon approval thereof, have the force and of the period for repudiation and effect of a judgment of said court. [Sec. 416, within ten (10) days thereafter. R.A. 7160] [Sec. 411 (a), R.A. 7160] Execution (b) The arbitration award shall be in writing The amicable settlement or arbitration award in a language or dialect known to may be enforced by execution by the lupon the parties. When the parties to the within six (6) months from the date of the dispute do not use the same language or settlement. dialect, the award shall be written in the language or dialect known to them. After the lapse of such time, the settlement may [Sec. 411 (b), R.A. 7160] be enforced by action in the appropriate city or municipal court. [Sec. 417, R.A. 7160] Requirement of Appearance of Parties in Person Repudiation General Rule: In all katarungang Period: Any party to the dispute may, within pambarangay proceedings, the parties must ten (10) days from the date of the appear in person without the assistance of settlement, repudiate the same counsel or representative. How to repudiate: by filing with the lupon Exception: minors and incompetents who may chairman a statement to that effect sworn to be assisted by their next-of-kin who are not before him, where the consent is vitiated by lawyers [Sec. 415, R.A. 7160] fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the Effect of Amicable Settlement issuance of the certification for filing a complaint General Rule: The amicable settlement and as hereinabove provided. [Sec. 418, R.A. 7160] arbitration award shall have the force and effect of a final judgment of a court upon the Transmittal of Settlement and expiration of ten (10) days from the date Arbitration Award to the Court thereof The secretary of the lupon shall transmit the settlement or the arbitration award to the Exception: repudiation of the settlement has appropriate city or municipal court within five been made or a petition to nullify the award has (5) days from the date of the award or from been filed before the proper city or municipal the lapse of the ten-day period repudiating court. the settlement and shall furnish copies thereof to each of the parties to the settlement and the When inapplicable lupon chairman. [Sec. 419, R.A. 7160] However, this provision shall not apply to court cases settled by the lupon under the last General Rule: All proceedings for settlement paragraph of Section 408 of this Code [ See shall be public and informal. Subject Matter for Amicable Settlement portion above], in which case the compromise 24 BOC 2024 CIVIL PROCEDURE REMEDIAL LAW GENERAL PROVISIONS KINDS OF ACTIONS (RULE 1) I. ORDINARY AND SPECIAL I. APPLICABILITY OF RULES OF Ordinary Civil Special Civil COURT Actions Actions General Rule: As to governing rules Sec. 2, Rule 1. The Rules of Court shall apply in all the courts, except as otherwise Actions governed by Rules subject to the provided by the Supreme Court. the rules for ordinary specific rules civil actions [Sec. prescribed for a 3(a), par. 2, Rule 1]. special civil action but A. ACTIONS OR PROCEEDINGS also governed by the GOVERNED BY THE RULES OF rules for ordinary civil COURT [CaCaS] actions [Sec. 3(a), par. 2, Rule 1]. 1. Civil actions 2. Criminal actions As to applicable rules 3. Special Proceedings [Sec. 3, Rule 1] General Rules on Rules 62 to 71 Ordinary Civil provide for special B. ACTIONS OR PROCEEDINGS Action - civil actions. However, NOT GOVERNED BY THE RULES Rule 2 to Rule 5 despite having rules OF COURT [ELCaNI] which govern the Procedure in Trial special civil actions, 1. Election cases Courts - the rules for ordinary 2. Land registration cases Rule 6 to Rule 39 civil action still apply. 3. Cadastral cases 4. Naturalization cases Appeals - 5. Insolvency proceedings Rule 40 to Rule 43 Exception: Procedure in the However, the Rules may still apply to the cases Court of Appeals - above by analogy or in suppletory character Rule 44 to Rule 55 and whenever practicable and convenient [Sec. 4, Rule 1]. Procedure in the SC - Rule 56 II. COMMENCEMENT OF CIVIL Provisional ACTION Remedies - The filing of the original complaint in court Rule 57 to Rule 61 signifies the commencement of the civil action [Sec. 5, Rule 1]. 211 BOC 2024 CIVIL PROCEDURE REMEDIAL LAW - In the cases of Heirs of Bautista v. Lindo Civil Action Special Proceeding [G.R. No. 208232 (2014)] involving a A civil action is one A special proceeding complaint to redeem a parcel of land by which a party sues is a remedy by which subject of a free patent and Olivarez another for the a party seeks to Realty vs Castillo [G.R. No. 196251 enforcement or establish a status, a (2014)] involving an action for rescission protection of a right, right, or a particular of a contract involving real property, the or the prevention or fact [Sec. 3(c), Rule SC held that the conveyance of real redress of a wrong 1]. property was only incidental to the [Sec. 3(a), par. 1, determination of matters incapable of Rule 1]. pecuniary estimation. The cases were deemed personal actions because the principal action or remedy sought does Sec. 2, Rule 72. In the absence of special not involve title to or possession of real provisions, the rules provided for in ordinary property. actions shall be, as far as practicable, applicable in special proceedings. III. LOCAL AND TRANSITORY II. PERSONAL AND REAL Local Action Transitory Action Real Action Personal Action Where filed It is an action It refers to all other A local action is one A transitory action is affecting title to or actions which are which has to be filed one which may be possession of real not real actions [Sec. in the place where filed in the residence property, or interest 2, Rule 4]. the property is of the plaintiff or therein [See Sec. 1, located [Sec.1, Rule defendant, at the Rule 4]. 4]. option of the plaintiff [Sec. 2, Rule 4]. Why distinction is important When instituted/prosecuted To determine the proper venue of the action [Sec.1, Rule 4 in relation to Sec. 2, Rule 4]. One that could be One that could be instituted in one prosecuted in any For purposes of determining venue, the question specific place [Manila one of several places of whether the venue has been properly laid Railroad v. [Manila Railroad v. depends to a great extent on the kind of action Attorney-General, Attorney-General, (real or personal) presented by the complaint G.R. No. L-6287 G.R. No. L-6287 [PICOP v. Samson, G.R. No. L- 30175 (1975)]. (1911)]. (1911)]. Not every action involving real property is a real action because the realty may only be incidental to the subject matter of the suit. 212 BOC 2024 CIVIL PROCEDURE REMEDIAL LAW IV. ACTION IN PERSONAM, IN REM, QUASI IN REM Action in rem Action in personam Action quasi in rem Definition Action against the One which seeks to Names a person as thing or res itself, enforce personal defendant, but its instead of against the rights and object is to subject person [Hernandez v. obligations brought that person's Rural Bank of Lucena, against the person interest in a Inc. G.R. No. L-29791, [Paderanga v. Buissan, property to a (1978)]. GR. No. 49475 (1993)]. corresponding lien or obligation [Lucas v. They are binding upon It is based on the Lucas, G.R. No. 190710 the whole world. jurisdiction of the (2011)]. person, although it may The phrase, "against involve his right to, or A proceeding quasi in the thing," to describe the exercise of rem is one brought in rem actions is a ownership of, specific against persons seeking metaphor. It is not the property, or seek to to subject the property "thing" that is the party compel him to control of such persons to the to an in rem action; or dispose of it in discharge of the claims only legal or natural accordance with the assailed. persons may be parties mandate of the court, even in in rem actions. some responsibility or In an action quasi in [Frias v. Rolando F. liability directly upon rem, an individual is Alcayde, G.R. No. the person of the named as defendant 194262 (2018)] defendant. [Frias v. and the purpose of the Rolando F. Alcayde, proceeding is to subject G.R. No. 194262 his interests therein to (2018)] the obligation or loan burdening the property. But, unlike suits in rem, a quasi in rem judgment is conclusive only between the parties. [Frias v. Rolando F. Alcayde, G.R. No. 194262 (2018)] Jurisdiction over the Not a prerequisite to Necessary for the Not a prerequisite to person confer jurisdiction on court to validly try and confer jurisdiction on the court, provided that decide the case which the court, provided that 213 BOC 2024 CIVIL PROCEDURE REMEDIAL LAW the latter has can be made through the latter has jurisdiction over the res service of summons jurisdiction over the res [Lucas v. Lucas, G.R. [Lucas v. Lucas, G.R. [Lucas v. Lucas, G.R. No. 190710 (2011)]. No. 190710 (2011)]. No. 190710 (2011)]. Jurisdiction over the parties is required in actions in personam because they seek to impose personal responsibility or liability upon a person. [Frias v. Rolando F. Alcayde, G.R. No. 194262 (2018)] How jurisdiction is Jurisdiction over the res Jurisdiction is acquired Jurisdiction over the res acquired is acquired either: through service of is acquired either: 1. By the seizure summons as provided 1. By the seizure of the in the Rule 14 or of the property voluntary appearance. property under legal under legal process, process, whereby it is whereby it is brought into brought into actual custody actual custody of the law, or of the law, or 2. As a result of 2. As a result of the the institution of institution of legal legal proceedings, proceedings, in which the in which the power of the power of the court is court is recognized recognized and made effective made effective [Lucas v. Lucas, [Lucas v. Lucas, G.R. No. G.R. No. 190710 190710 (2011)]. (2011)]. Binding effect of The decision is binding Any judgment therein is Judgments therein are decisions as against the whole binding only upon the binding only upon the 214 BOC 2024 CIVIL PROCEDURE REMEDIAL LAW world [Paderanga v. parties properly parties who joined in Buissan, G.R. No. impleaded [Paderanga the action [Macasaet v. 49475 (1993)]. v. Buissan, GR. No. Co, G.R. No. 156759 49475 (1993)]. (2013)]. Examples Petition for adoption, Of this character are Attachment, foreclosure annulment of marriage, suits to compel a of mortgage, action for or correction of entries defendant to specifically partition and action for in the birth certificate perform some act or accounting [1 Riano [Lucas v. Lucas, G.R. actions to fasten a 227, 2014 Bantam Ed.]. No. 190710 (2011)]. pecuniary liability on him. The following are some Petitions directed of the examples of against the "thing" itself The following are some actions quasi in rem: or the res which of the examples of (a) Suits to quiet concerns the status of a actions in personam: title; actions for person, like a: (a) Action for foreclosure; (a) Petition for collection of and adoption, sum of money (b) Attachment correction of and damages; proceedings. entries in the (b) Action for [Frias v. birth certificate; unlawful Rolando F. or detainer or Alcayde, G.R. (b) Annulment of forcibly entry; No. 194262 marriage; (c) Action for (2018)] (c) Nullity of specific marriage; performance; (d) Petition to (d) Action to establish enforce a illegitimate foreign filiation; judgment in a (e) Registration of complaint for a land under the breach of Torres system; contract. [Frias and v. Rolando F. (f) Forfeiture Alcayde, G.R. proceedings. No. 194262 [Frias v. (2018)] Rolando F. Alcayde, G.R. No. 194262 (2018)] Note: Service of summons for an action in rem or quasi in rem is undertaken not to acquire jurisdiction over the defendant’s person, but to satisfy due process requirements [Frias v. Alcayde, G.R. No. 194262 (201 215 BOC 2024