Venue is the place or locality where the case should be filed. Generally, for personal actions, it is the place where the plaintiff or defendant resides at the option of the plaintiff. For real actions, it is the place where the real property is located.
Venue is a procedural matter, meaning that it is determined by the Rules of Court. It can also be agreed upon by the parties, as when they stipulate in writing where disputes are to be settled as long as the stipulation is entered into before the dispute arises.
Objections based on improper venue should be raised by the defendant as an affirmative defense in the Answer. Otherwise , the objection is deemed waived and the court can take cognizance of the case even if it is not the venue provided for by the rules of court or by stipulation .
Jurisdiction refers to the court where the case is to be filed, whether it should be the first level courts, second level courts, or higher courts. Jurisdiction is conferred by law and cannot be agreed upon by the parties. .
Since it is a matter of law, it cannot be waived and cannot be the subject of stipulation. Objections to lack of subject matter jurisdiction can be raised any time, even after the defendant has filed an Answer, or even after the court has rendered a judgment. The reason is that a judgment rendered by a court which has no subject matter jurisdiction over the case is null and void.
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