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SUPREME COURT REPORTS ANNOTATED VOLUME 198

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Case Title: Select some text within a
THE CONSOLIDATED BANK AND paragraph and click here to
TRUST CORPORATION copy the selected text. Citation
(SOLIDBANK), petitioner, vs. included.
HON. INTERMEDIATE APPELLATE
COURT AND MARIA LUISA
MADRIGAL VAZQUEZ, 34 SUPREME COURT REPORTS ANNOTATED
respondents.

Citation: 198 SCRA 34

Consolidated Bank and Trust Company vs IAC
More... *
G.R. No. 75017. June 3, 1991.

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THE CONSOLIDATED BANK AND TRUST CORPORATION
(SOLIDBANK), petitioner, vs. HON. INTERMEDIATE
APPELLATE COURT AND MARIA LUISA MADRIGAL
VAZQUEZ, respondents.

Remedial Law; Civil Procedure; Venue; Venue relates to trial not to

jurisdiction, touches more of the convenience of the parties rather than the
substance of the case.––“Questions or issues relating to venue of actions are
basically governed by Rule 4 of the Revised Rules of Court. It is said that
the laying of venue is procedural rather than substantive. It relates to the
jurisdiction of the court over the person rather than the subject matter.
Provisions relating to venue establish a relation between the plaintiff and the
defendant and not between the court and the subject matter. Venue relates to
trial not to jurisdiction, touches more of the convenience of the parties rather
than the substance of the case.”
Same; Same; Same; Regional Trial Court has jurisdiction over the case
both under the Judiciary Act of 1948, Sec. 44 (e) and under BP 129, Sec. 19
(4).––The action in the present case pertains to the probate of the intestate
estate of the late Don Vicente Madrigal, in which case a regional trial court
properly has jurisdiction over the case, both under the Judiciary Act of
1948, Sec. 44 (e) and under BP 129, Sec. 19(4).
Same; Same; Same; Objection to improper venue should be made in a
motion to dismiss.––Objection to improper venue should be made in a
motion to dismiss. Until this is done, venue cannot truly be said to have
been improperly laid.
Same; Same; Same; Wrong venue is merely a waiveable procedural
defect, and such waiver may occur by laches.––Regrettably, therefore, while
We agree with the petitioner that venue in this case should have been laid in
Quezon City, petitioner’s inaction has worked against it: “It is well-settled in
this jurisdiction that wrong venue is merely a waiveable procedural defect,
and such waiver may occur by laches. x x x.”

______________

* FIRST DIVISION.

35

VOL. 198, JUNE 3, 1991 35

Consolidated Bank and Trust Company vs IAC

Same; Same; Same; Same; Court agrees with the Court of Appeals that
petitioner has waived its right to contest the question of venue.––Foregoing
considered, We agree with the Court of Appeals that indeed, petitioner has
waived its right to contest the question of venue.

PETITION for review of a decision of the Court of Appeals.

The facts are stated in the opinion of the Court.

C.M. De los Reyes & Associates for petitioner.
Belo, Abiera & Associates for private respondent.

MEDIALDEA, J.:

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