This case has been cited 1 times or more.
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2013-08-27 |
REYES, J. |
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| At most, the error committed by the petitioners in filing the case with the RTC of Sorsogon was that of improper venue. A.M. No. 09-6-8-SC or the Rules of Procedure for Environmental Cases (Rules) specifically states that a special civil action for continuing mandamus shall be filed with the "[RTC] exercising jurisdiction over the territory where the actionable neglect or omission occurred x x x."[23] In this case, it appears that the alleged actionable neglect or omission occurred in the Municipality of Matnog and as such, the petition should have been filed in the RTC of Irosin.[24] But even then, it does not warrant the outright dismissal of the petition by the RTC as venue may be waived.[25] Moreover, the action filed by the petitioners is not criminal in nature where venue is an essential element of jurisdiction.[26] In Gomez-Castillo v. Commission on Elections,[27] the Court even expressed that what the RTC should have done under the circumstances was to transfer the case (an election protest) to the proper branch. Similarly, it would serve the higher interest of justice[28] if the Court orders the transfer of Civil Case No. 2011 8338 to the RTC of Irosin for proper and speedy resolution, with the RTC applying the Rules in its disposition of the case. | |||||