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Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of
the municipality or city wherein the real property involved, or a portion thereof, is situated.
Section 2. Venue of personal actions. – All other actions may be commenced and tried where
the plaintiff or any of the principal plaintiffs 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.
Section 3. Venue of actions against nonresidents. – If any of the defendants does not reside and
ins not found in the Philippines, and the action affects the personal status of the plaintiff, or any
property of said defendant located in the Philippines, the action may be commenced and tried in
the court of the place where the plaintiff resides, or where the property of any portion thereof is
situated or found.
Section 4. When Rule not applicable. – This Rule shall not apply –
(b) Where the parties have validly agreed in writing before the filing of the action on the exclusive
venue thereof.
The laying of venue is procedural rather than substantive, relating as it does to jurisdiction of the
ct. over the person rather than the subject matter. Venue relates to trial not to jurisdiction. The
rule, therefore, is that objections to improper venue must be made in a MTD before any
responsive pleading is filed (Sec. 1 Rule 16). Otherwise, it may be deemed waived.
LECTURE ON VENUE:
Exceptions:
1. non-resident
a) where P resides or
3. when parties validly agreed in writing before filing of action in the exclusive venue thereof
L: state in agreement “shall exclusively be” or “shall only be”; if not phrased this way, can still
sue elsewhere
Person dies: (governed by Rule 87) action dismissed in cases where decedent is required to
personally perform his obligation, where his estate or his heirs’ defense is that the relief cannot
be complied with. If action is for a sum of money, file it as a creditor in the settlement of estate
proceedings
Pauper litigant: one who has no money or property sufficient and available for food, shelter and
basic necessities is exempted from payment of fees.
Counsel for D: contest indigent status of party by filing a motion to reverse order declaring party
as pauper litigant
THE CLAIM-ANSWER-COUNTERCLAIM-REPLY-CROSSCLAIM-LABYRINTH
D files counterclaim
FILIPINO LANDOWNERS
Cause of action
X breach of contract