Title
Nocum vs. Tan
Case
G.R. No. 145022
Decision Date
Sep 23, 2005
Lucio Tan sued for libel over defamatory articles; RTC dismissed for improper venue but admitted amended complaint. SC upheld jurisdiction, ruling venue procedural, affirming RTC's authority.

Case Summary (G.R. No. 145022)

RTC Proceedings: Dismissal for Improper Venue and Amendment

The original complaint did not specify Tan’s residence or the place where the offending publications were printed and first published. Upon motion by defendants, the RTC dismissed the complaint without prejudice on February 10, 1999, for improper venue. Tan promptly filed an omnibus motion attaching an amended complaint that expressly alleged publication in Makati City. Invoking Rule 10 of the 1997 Rules of Civil Procedure, the RTC admitted the amendment and set aside its prior dismissal, finding the changes merely formal and not affecting substantive defenses.

Court of Appeals Ruling

Petitioners and co-defendants appealed. In CA-G.R. SP No. 55192 (consolidated with CA-G.R. SP No. 54894), the Court of Appeals on April 19, 2000, denied the petitions for certiorari and affirmed the RTC’s order admitting the amended complaint. Motions for reconsideration were denied on September 15, 2000.

Issue on Review

Whether the RTC acquired jurisdiction over the civil libel case upon the filing of the original complaint, despite its venue defects.

Distinction Between Jurisdiction and Venue

The Supreme Court reiterated that jurisdiction is the court’s power to hear a case—a substantive matter fixed by law—whereas venue is a procedural rule determining the proper place of trial. Under Article 360 of the Revised Penal Code, jurisdiction over libel actions lies with the Regional Trial Courts; the statute’s references to “where printed and first published” or “where the complainant resides” pertain to venue, not jurisdiction. Failure to allege venue facts in a civil libel complaint warrants dismissal without prejudice but does not divest the court of subject-matter jurisdiction once the action has been filed.

Analysis and Application

  • The RTC had jurisdiction upon filing of the original complaint because libel falls within its exclusive competence under Article 360.

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