2. Venue

I. Venue in Criminal and Civil Actions

VENUE is the place, or the geographical area where an action is to be filed and tried. (Manila Railroad Company v. Attorney General, G.R. No.L-7688, 1912)

In civil cases, it is a procedural matter and not jurisdictional, as compared to criminal cases, where the venue is jurisdictional.

Venue relates only to the place of trial or the geographical location in which an action or proceeding should be brought. It is intended to accord convenience to the parties and does not equate to the jurisdiction of the court. [Dolot v. Paje, G.R. 199199 (2013)]

Choosing the venue of an action is not left entirely to a plaintiff’s caprice; the matter is regulated by the ROC. [Ang v. Sps. Ang, G.R. No. 186993 (2012)]

Venue is procedural; not jurisdictional

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. (Nocum v. Tan, G.R. No. 145022, 2005)

JURISDICTION OVER TERRITORY

The offense must have been committed or any of its essential ingredients took place within the territorial jurisdiction of the court. In criminal cases, venue is an essential element of jurisdiction, thus, cannot be waived (Navaja v. De Castro, G.R. No. 182926, 2015).

If the evidence adduced during the trial shows that the offense was committed somewhere else, the court should dismiss the action for want of jurisdiction. (Treñas v People, G.R. No. 195002, 2012).

VENUE OF CRIMINAL ACTIONS

Venue in Criminal Case is Jurisdictional, Being an Essential Element of Jurisdiction

Exception

There are crimes punished under the RPC and under special penal laws which have extraterritorial jurisdiction.

In exceptional circumstances, to ensure a fair trial and impartial inquiry, the Supreme Court shall have the power to order a change of venue or place of trial to avoid the miscarriage of justice (1987 Constitution, Section 5(4), Art. VIII).