unimasters vs ca on venue
TRANSCRIPT
-
8/13/2019 Unimasters vs CA on VENUE
1/2
-
8/13/2019 Unimasters vs CA on VENUE
2/2
with jurisdiction, except in criminal actions. This is fundamental. The action at bar, for the recovery of
damages in an amount considerably in excess of P20,000.00, is assuredly within the jurisdiction of a
Regional Trial Court. Assuming that venue were improperly laid in the Court where the action was
instituted, the Tacloban City RTC, that would be a procedural, not a jurisdictional impediment --
precluding ventilation of the case before that Court of wrong venue notwithstanding that the subject
matter is within its jurisdiction. However, if the objection to venue is waived by the failure to set it up in a
motion to dismiss, the RTC would proceed in perfectly regular fashion if it then tried and decided the
action.