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TO:
COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
TRIAL
COURTS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT: RESOLUTION OF THE COURT EN BANC APPROVING AND PROMULAGATING THE REVISED PROVISIONS ON THE VENUE OF CIVIL CASES IN THE REGULAR TRIAL COURTS AND AMENDING RULE 4 OF THE RULES OF COURT. 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-à-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: 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) 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 prinicipal 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) 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 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) SEC.4.
When Rule
Not Applicable. – This Rule shall not apply: [b] Where the parties have validly agreed in writing the filing of the action on the exclusive venue thereof. (3a and 5a) June 20, 1995. |
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