D. Venue (Rule 4)

a. Venue of Real Actions

Real actions 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.

Forcible entry and detainer actions shall be commenced and tried in the municipal court of the municipality or city wherein the real property involved, or a portion thereof, is situated. [Sec. 1, Rule 4]

The rule, in its simplified form, means that if the action is real, the action is local, as opposed to transitory, and the venue is the place where the real property involved, or any portion thereof, is situated. [1 Riano 151, 2016 Bantam Ed.]

Where the subject-matter of the action involves various parcels of land situated in different provinces, the venue is determined by the singularity or plurality of the transactions involving said parcels of land. Thus, where said parcels are the objects of one and the same transaction, the venue is in the court of any of the provinces wherein a parcel of land is situated. [1 Regalado 118, 2010 Ed., citing El Hogar Filipino v. Seva, G.R. No. 36627 (1932)]

b. Venue of Personal Actions All other actions may be commenced and tried, at the plaintiff’s election:

• Where the plaintiff or any of the principal plaintiffs resides, or
• Where the defendant or any of the principal defendants resides, or
• In case of a non-resident defendant, where he may be found. [Sec. 2, Rule 4]

The plaintiff or the defendant must be residents of the place where the action has been instituted at the time the action is commenced [Ang v. Sps. Ang, G.R. No. 186993 (2012)]

c. Venue of Actions Against Non-Residents

Non-resident found in the Philippines

• Personal action: where the nonresident defendant may be found, as authorized by Sec. 2, Rule 4, but with an additional alternative venue, i.e., the residence of any of the principal plaintiffs, pursuant to Secs. 2 and 3, Rule 4. [1 Regalado 121, 2010 Ed.]
• Real action: in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is situated. [Sec. 1, Rule 4]

Non-resident not found in the Philippines, and the action affects:

• Personal status of plaintiff – where plaintiff resides, or
• Property of defendant in the Philippines – where the property, or any portion thereof, is situated or found [Sec. 3, Rule 4]

d. When the Rules on Venue Do Not Apply

• Cases where a specific rule or law provides otherwise; examples:
• Quo warranto proceeding commenced by the Solicitor General, [Sec. 7, Rule 66]
• The action may be brought in the Supreme Court, the Court of Appeals, or in a Regional Trial Court in the City of Manila.
• Petition for a continuing writ of mandamus, and [Sec. 2, Rule 8, Rules of Procedure for Environmental Cases]
• The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court.
• Civil and criminal action for damages in written defamation. [Art. 360, RPC]
• Note that for written defamations, the default venue would be the place where the libelous article is first published or where any of the offended parties reside
• In case that the offended party is a public officer, the proper venue would be either where he holds office at the time of the commission of the crime, or the place where the libelous article is first published [Art. 360, RPC]
• Parties have validly agreed in writing before the filing of an action on the exclusive venue thereof. [Sec. 4, Rule 4]

Updated: A venue stipulation in a promissory note does not automatically govern a separate action to annul an execution sale held to satisfy the loan (Hernando v. Golden Sun Finance Corporation, G.R. No. 259295, 7 May 2025).

e. Effects of Stipulations on Venue

The parties may stipulate on the venue as long as the agreement is:

• In writing,
• Made before the filing of the action, and
• Exclusive as to the venue

Updated: A venue clause in a promissory note does not automatically apply to an action assailing an execution sale to satisfy the loan (Hernando v. Golden Sun Finance Corporation, G.R. No. 259295, 7 May 2025).

Venue is where the real party-in-interest resides

The real party-in-interest’s three co-plaintiffs are all residents of Batac, Ilocos Norte. However, not one of the three can be considered as principal party plaintiffs. As trustees, they may prosecute the suit but only on behalf of the beneficiary who is deemed the real party-in-interest. The residences of the three co-plaintiffs cannot be the basis to determine the venue.

The purposes of the requirement for the real party in interest prosecuting or defending an action at law are:

• To prevent the prosecution of actions by persons without any right, title or interest in the case;
• To require that the actual party entitled to legal relief be the one to prosecute the action;
• To avoid a multiplicity of suits; and
• To discourage litigation and keep it within certain bounds, pursuant to sound public policy. (Stronghold Insurance Company, Inc. v. Cuenca, G.R. No. 173297, 2013)

General Rule: Only parties to a contract may sue.

Requirement to be binding

To be binding, the parties must have agreed on the exclusive nature of the venue of any prospective action between them. The agreement of parties must be restrictive and not permissive [1 Regalado 124, 2010 Ed.]

In the absence of qualifying or restrictive words (e.g. “only/solely/exclusively in such court”), venue stipulation is merely permissive; that is, the stipulated venue is in addition to the venue provided for in the rules [Polytrade Corp. v. Blanco, G.R. No. L-27033 (1969)]

When is venue improperly laid

Unless and until the defendant objects to the venue in a motion to dismiss, the venue cannot be truly said to have been improperly laid, as for all practical intents and purposes, the venue, though technically wrong, may be acceptable to the parties for whose convenience the rules on venue had been devised. The trial court cannot pre-empt the defendant’s prerogative to object to the improper laying of the venue by motu proprio dismissing the case. (Rudolf Lietz Holdings Inc. v. The Registry of Deeds of Paranaque City, G.R. No. 133240, 2000)

Updated: A court cannot dismiss a case motu proprio for improper venue, which is waived unless the defendant timely objects (Cabrera v. Philippine Statistics Authority, G.R. No. 241369, 3 June 2019).

When stipulation may be disregarded

The court may declare agreements on venue as contrary to public policy if such stipulation unjustly denies a party a fair opportunity to file suit in the place designated by the Rules. The court shall take into consideration the economic conditions of the parties, the practical need to avoid numerous suits filed against the defendant in various parts of the country and the peculiar circumstances of the case [1 Regalado 124-125, 2010 Ed., citing Hoechst Philippines v. Torres, G.R. No. L- 44351 (1978)]

A complaint directly assailing the validity of the written instrument itself should not be bound by the exclusive venue stipulation contained therein and should be filed in accordance with the general rules on venue. [Briones v. CA and Cash Asia, G.R. No. 204444 (2015)]

VENUE OF CRIMINAL ACTIONS

General rule: Venue in criminal cases is jurisdictional. In all criminal prosecutions, the action must be instituted and tried in the courts of the municipality or territory where:

• The offense was committed, or
• Any of its essential ingredients occurred [Sec. 15(a), Rule 110].

Venue

A small claims case is filed with the MTC in the city:

• Where the plaintiff resides;
• Where the defendant resides; or
• If the plaintiff is engaged in the business of lending, banking and similar activities, in the city where the defendant resides, if the plaintiff has a branch in that city.

A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim in duplicate, accompanied by a Certification of Non-forum Shopping, and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. (Section 5, Rule of Procedure for Small Claims Cases)

The defendant shall file his Response and serve the same upon the plaintiff. He shall file a Counterclaim with the Response IF the counterclaim is

• Within the coverage of the Rule exclusive of interests and costs;
• Arises out of the same transaction or event that is the subject matter of the plaintiff’s claim;
• Does not require the joinder of third parties; and
• Is not the subject of another pending action.

Prohibited Pleadings in Small Claims Cases

• Motion to dismiss the complaint;
• Motion for a bill of particulars;
• Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
• Petition for relief from judgment;
• Motion for extension of time to file pleadings, affidavits or any other paper;
• Memoranda;
• Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
• Motion to declare the defendant in default;
• Dilatory motions for postponement;
• Reply;
• Third-party complaints; and
• Interventions