Scribd Logo
Upload

Welcome to Scribd!

  • 9 views

    Venue of Action

    Uploaded by

    Ibiang Deleoz
    Rule 4 establishes the distinction between jurisdiction and venue. Jurisdiction refers to a court's authority over subject matter and is fixed by law, while venue refers to the location where a case is heard and may be waived or conferred by the parties. For actions affecting real property, venue is proper in the court with jurisdiction over the area where the real property is located. Forcible entry and detainer actions must also be filed in this location. All other personal actions may be filed where the plaintiff or defendant resides or where a non-resident defendant may be found.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Venue of Action

    Uploaded by

    Ibiang Deleoz
    9 views1 page
    Rule 4 establishes the distinction between jurisdiction and venue. Jurisdiction refers to a court's authority over subject matter and is fixed by law, while venue refers to the location where a case is heard and may be waived or conferred by the parties. For actions affecting real property, venue is proper in the court with jurisdiction over the area where the real property is located. Forcible entry and detainer actions must also be filed in this location. All other personal actions may be filed where the plaintiff or defendant resides or where a non-resident defendant may be found.

    Original Description:

    Venue

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Rule 4 establishes the distinction between jurisdiction and venue. Jurisdiction refers to a court's authority over subject matter and is fixed by law, while venue refers to the location where a case is heard and may be waived or conferred by the parties. For actions affecting real property, venue is proper in the court with jurisdiction over the area where the real property is located. Forcible entry and detainer actions must also be filed in this location. All other personal actions may be filed where the plaintiff or defendant resides or where a non-resident defendant may be found.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    9 views1 page

    Venue of Action

    Uploaded by

    Ibiang Deleoz
    Rule 4 establishes the distinction between jurisdiction and venue. Jurisdiction refers to a court's authority over subject matter and is fixed by law, while venue refers to the location where a case is heard and may be waived or conferred by the parties. For actions affecting real property, venue is proper in the court with jurisdiction over the area where the real property is located. Forcible entry and detainer actions must also be filed in this location. All other personal actions may be filed where the plaintiff or defendant resides or where a non-resident defendant may be found.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    VENUE OF ACTION

    Rule 4
    Distinction between Jurisdiction and Venue
    Jurisdiction
    Authority to hear/try.
    Matter of substantive law.
    Establishes relation between court and
    subject matter.
    Fixed by law not by parties.
    Not waivable.

    Venue
    Place where case is heard/tried.
    Procedural law.
    Between plaintiff and defendant.
    May be waived or conferred by parties.
    May be waived.

    Venue of Real Actions.


    Action affecting title to or possession of real property, or 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. (Rule 4, Sec. 1)
    Forcible entry and detainer actions shall be commence and tried in the MTC of
    the municipality or city wherein the real property involved, or a portion thereof is
    situated. (Ibid.)
    Venue of Personal Actions.
    All other actions may be commenced and tried where the plaintiff or any of
    the principal plaintiff 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. (Rule 4, Sec. 2)
    Real actions are those affecting title to or possession of real property. These
    include partition or condemnation of, or foreclosure of mortgage of real property. All
    other actions are personal.
    The venue of real actions is the same for RTC and MTC - the court which has
    territorial jurisdiction over the area wherein the real property involved or a portion
    thereof is situated. The real actions within the jurisdiction of MTCs (or MeTC and
    MCTC) are forcible entry and detainer and those involving title to or possession of real
    property with assessed value of nor more than P 20,000 or in Metro Manila P 50,000.
    (RA 7691)

    You might also like