Actions 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.
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.
Sec. 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.
Actions in Personam, In Rem and Quasi-in-Rem
1. Actions in Personam – The purpose of a proceeding in personam is to enforce personal rights and obligations, such as support, against the person and is
based on the jurisdiction of the person. So if the action is in personam, it is indispensable that the court acquires jurisdiction over the person of the defendant.
2. Actions In Rem or Quasi-in-Rem – They are brought against a person in order to subject the property of a person to discharge the claims assailed.
In actions in rem or quasi-in-rem, it is not necessary that jurisdiction over the person of the defendant is acquired. What is only important is to acquire jurisdiction over the res.
In actions quasi-in-rem, a defendant is named but the purpose of the proceeding is to subject his interest to the obligation or loan burdening the property.
Actions quasi-in-rem deal with status, ownership, or liability over a particular property.
Personal Actions v. Action in Personam and Real Actions v. Action in Rem An action in personam is not necessarily a personal action, nor is a real action necessarily an action in rem.
An in rem or in personam action is a classification of an action according to the object of the action;
a real or personal action is a classification of an action according to foundation.
Action for Ejectment – Real Action but In Personam
An action for ejectment is a real action because it involves possession of real property. But at the same time, it is an action in personam because it is directed against a particular person.
Action for Declaration of Nullity of Marriage – Personal Action but In Rem An action for declaration of nullity of marriage is a personal action (wife against the husband or husband against the wife), but it is also an action in rem because the judgment of the court is binding against the whole world.
Action for Damages – Both a Personal Action and In Personam
An action for damages is both a personal action and an action in personam.
Recovery of Real Property – Real Action but In Personam
Recovery of real property is a real action but it is also an action in personam because it binds only a particular individual.
Actions Quasi-in-Rem
The action is quasi-in-rem if the object is the disposition is the disposition of property whether by attachment, foreclosure or any other form of remedy.
Examples: actions for partition, accounting, attachment, foreclosure.
Action for Specific Performance
Action for specific performance is in personam. In an action in personam, jurisdiction over the person of the defendant is necessary for the court to validly try and decide the case.
What is the meaning of jurisdiction over the res?
It refers to the court’s jurisdiction over the thing or property which is the
subject of the action.
Actions In Rem and Quasi-in-rem; Summons is required
If the action is in rem or quasi-in-rem, jurisdiction over the person of the defendant is not required. Then why serve summons on the defendant in his last known address? The only purpose is to comply with the rules on due process and fair play. But it is actually a useless requirement.
What are real actions?
Real actions are actions affecting title to or possession of or interest in real property, foreclosure, and expropriation.
Venue
Real actions shall be commenced and tried in the proper court which has jurisdiction over the area where the real property involved or portion thereof is situated.
Proper court means either the RTC or the MTC.
Forcible Entry and Unlawful Detainer
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.
Venue of Personal Actions
Personal actions are commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides.
Principal not Formal or Nominal
So it is necessary that the action is filed where the principal plaintiffs or defendants reside, not where formal or nominal party resides.
Non-Resident Defendant
In personal actions where the defendant is a non-resident, the action shall be filed in the place where he may be found, at the election of the plaintiff.
So if the last residence of the non-resident defendant is Marco Polo, you file the case here in Cebu City, either in the MTC or the RTC.
Several Parcels of Land in Several Provinces
Where the subject matter of the real action involves several parcels of land located in several provinces, but there is only one contract, where is the venue of the action?
Venue may be determined either by the singularity or plurality of transactions. If there is only one, then the venue shall be in any of the courts of the provinces where any of the parcels of land are located.
Examples of Real Actions
Actions for the annulment or rescission of the sale and the return of realty, actions to compel the vendor to accept payment of purchase price, and actions to compel the vendor to deliver the certificate of title of the land are real actions and
the location of the land determines the venue of the action.
Action to Compel the Mortgagee to Accept Payment and Cancellation of Real Estate Mortgage
Such an action is a personal action, provided that, the mortgagee has not foreclosed the mortgage and the mortgagor is in possession of the premises.
What is the meaning of residence in relation to venue?
It is actual and physical residence. It is different from residence in elections law which is understood as domicile, and there is animus revertendi and animus manendi. Thus, residence here is understood as personal, actual and physical habitation.
Thus, if you are a resident of Ozamis City but you are actually studying here in Cebu City, then for purposes of venue, your residence is in Cebu City because you are actually present here.
Sec. 3. Venue of actions against non-residents.
If any of the defendants does not reside and is not found in the Philippines, and the action effects 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 or any portion thereof is situated or found.
Venue if there is more than one plaintiff or more than one defendant
Remember that if there is more than one plaintiff or more than one defendant, the residence of the principal parties shall be the basis of the venue of the action.
Otherwise, the purpose of the rule will be defeated where a nominal or formal party is impleaded in the action, since the matter would not have the degree of interest in the subject of the action which would warrant and entail the desirably active participation expected of litigants in a case.
Plaintiff is a Non-Resident but Permitted to Sue
In cases where the plaintiff is a non-resident but is permitted to sue, like a foreign corporation, the venue of action – in the case of personal actions – shall be the place where the defendant resides. If it is a real action, the venue is in the place where the property or any portion thereof is situated.
In its proper sense, alternative venue granted to plaintiffs is not available to said corporations.
Venue in Libel Cases
Venue in libel is different. If there is a public officer holding office in Manila, the suit shall be brought in one of the courts in Manila.
If the public officer holds office outside Manila, then the suit shall be brought in the place where he holds office or in the place where the publication was first published.
Sec. 4. When Rule not applicable,
(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.
RULE 5 – UNIFORM PROCEDURE IN TRIAL COURTS Section 1. Uniform procedure.
The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, EXCEPT
(a) Where a particular provision expressly or impliedly applies only to either of said courts, or
(b) In civil cases governed by the Rule on Summary Procedure.
Sec. 2. Meaning of terms.
The term “Municipal Trial Courts” as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.