VENUE & TYPES OF VENUE - 49 PJP 21
- RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Venue and Types of Venue,” 49 PJP 21, available at <insert link> (last accessed on <date>).
-
PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. - CONTACT US: For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence.
Meaning of venue
Venue is the geographical location where the court sits. There are multiple trials courts scattered across the archipelago. The municipality, city or province on which the court sits is its venue.
The propriety of venue is a matter of convenience while the propriety of jurisdiction is a matter of law. The first is waivable by failure to seasonably object while objections to the second may be raised at any time before appeal.
This author is aware of the existence of the case of Tijam v. Sihonghanoy. However, the Supreme Court’s ruling therein can hardly be considered a doctrine. Others say that it laid down the doctrine of estoppel on jurisdiction but the factual circumstances in that case were too narrow to be applied in general. Thus, it is humbly submitted that the discussions therein should be considered a mere exception rather than the general rule.
Types of venue
There are three general types of venues under the Rules of Court: (a) venue of real actions; (b) venue of personal actions; and, (b) venue validly agreed upon in writing by the parties prior to the commencement of the action. A fourth type of venue should be added to this list, i.e., venue specifically required by law as in criminal actions for libel.
Real actions
All actions involving title to, possession of, or any interest in real property are real actions. Their proper venue is the place where the real property or any portion thereof is situated.
All other actions are personal actions.
The venue of real actions is said to be local or geographical because it is tied to the location of the property. This rule on venue ensures that the court has territorial jurisdiction over the property and, in practical terms, that the court is or could make itself familiar with the real property involved.
In private international law, jurisdiction is relevant because, according to the Supreme Court in the case of Hasegawa v. Kitamura, it is the first phase in the resolution of a conflicts case. In the same way, venue is relevant in conflict of laws because: (a) parties may stipulate a different venue in their written contract; (b) such stipulation may have an effect on the choice of law analysis; (c) such stipulation may be relevant when the defense of forum non conveniens is raised; and, among others, (d) such stipulation may be interpreted to deprive the forum of its jurisdiction.
Personal actions
By way of negative definition, the Rules of Court provides that actions other than real actions are personal actions. Their venue is the residence of the plaintiff or any of the principal plaintiffs or the residence of the defendant or any of the principal defendants, at the option or election of the plaintiff.
The venue of personal actions is said to be transitory or fluid because it depends on the election of the plaintiff. Plaintiff’s choice of venue is limited only between his/her residence (or that of other principal plaintiffs) and the defendant’s residence (or that of other principal defendants).
The matter on venue of personal actions is relevant in private international law as it relates to residence. Also, the venue of personal actions against foreigners who do not reside in the Philippines is a matter treated under the Rules of Court.
[MISSING CITATIONS]