ADMINISTRATIVE
CIRCULAR NO. 13-95
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.cralaw:red
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:chanrobles virtual law library
RULE
4VENUE
OF
ACTIONS
SECTION1.
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)
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:
[a] In
those cases
where a specific rule or law provides otherwise; or
[b] Where
the parties
have validly agreed in writing the filing of the action on the
exclusive
venue thereof. (3a 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 | 
