This case has been cited 3 times or more.
|
2015-07-22 |
BERSAMIN, J. |
||||
| We underscore that in civil proceedings, venue is procedural, not jurisdictional, and may be waived by the defendant if not seasonably raised either in a motion to dismiss or in the answer.[25] Section 1, Rule 9 of the Rules of Court thus expressly stipulates that defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. As it relates to the place of trial, indeed, venue is meant to provide convenience to the parties, rather than to restrict their access to the courts.[26] In other words, unless the defendant seasonably objects, any action may be tried by a court despite its being the improper venue. | |||||
|
2011-03-09 |
PEREZ, J. |
||||
| Admittedly, this Court has repeatedly laid down the test in ascertaining whether the subject matter of an action is incapable of pecuniary estimation by determining the nature of the principal action or remedy sought. While a claim is, on the one hand, considered capable of pecuniary estimation if the action is primarily for recovery of a sum of money, the action is considered incapable of pecuniary estimation where the basic issue is something other than the right to recover a sum of money, the money claim being only incidental to or merely a consequence of, the principal relief sought.[65] To our mind, the application of foregoing test does not, however, preclude the further classification of actions into personal actions and real action, for which appropriate docket fees are prescribed. In contrast to personal actions where the plaintiff seeks the recovery of personal property, the enforcement of a contract, or the recovery of damages, real actions are those which affect title to or possession of real property, or interest therein.[66] While personal actions should 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,[67] the venue for real actions is the court of the place where the real property is located.[68] | |||||
|
2010-07-05 |
BRION, J. |
||||
| We cannot disagree with the CA's sympathies when it stated that a remand of the case "would only compel the individual petitioners, x x x lowly workers who have been out of work for more than four (4) years, to tread once again the [calvary] of a protracted litigation."[55] The dismissal issue and its resolution, however, go beyond the realm of sympathy as they are governed by law and procedural rules. The recourse to the CA was through the medium of a petition for certiorari under Rule 65 - an extraordinary but limited remedy. The CA was correct in declaring that the Labor Secretary had seriously erred in not ruling on the dismissal issue, but was totally out of place in proceeding to resolve the dismissal issue; its action required the prior and implied act of suspending the Rules of Court - a prerogative that belongs to this Court alone. In the recent case of Marcos-Araneta v. Court of Appeals,[56] we categorically ruled that the CA cannot resolve the merits of the case on a petition for certiorari under Rule 65 and must confine itself to the jurisdictional issues raised. Let this case be another reminder to the CA of the limits of its certiorari jurisdiction. | |||||