Revised Provisions on Venue of Civil Cases in RTCs

June 20, 1995

SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 13-95

 

The recent amendments by Republic Act No. 7691 of Sections 19, 33 and 34 of Batas Pambansa Blg. 129, specifically regarding the jurisdiction of the regular trial courts in real actions, vis-a-vis the present provisions of Rule 4 and the repeal of the former Rule 5 of the Rules of Court by the Interim or Transitional Rules and Guidelines, despite the uniform procedure intended therein to be followed by said courts, have resulted in conflicting views on the correct venue of civil cases in these lower courts. The Supreme Court Committee on the Revision of the Rules of Court has drafted amendatory proposals which address and resolve the controversies arising from the foregoing developments.

Accordingly, pending final action on the projected revised rules on Civil Procedure, the Court Resolved to approve and promulgate the following amended Rule 4 of the Rules of Court:

RULE 4

Venue of Actions

SECTION 1.  Venue of Real Actions. — 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 (1[a] and 2[a]a).

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. (2[b]a)

SECTION 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 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 or any portion thereof is situated or found. (2[c]a)

SECTION 4.  When Rule Not Applicable. — This Rule shall not apply —

(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. (3 and 5a)

This resolution shall be published in two (2) newspapers of general circulation and shall take effect on August 1, 1995.

June 20, 1995.

(SGD.) ANDRES R. NARVASAChief Justice

Published in the Manila Bulletin and the Philippine Daily Inquirer on June 30, 1995.