GR L 23090; (October, 1967) (Digest)
G.R. No. L-23090 October 31, 1967
PANGASINAN TRANSPORTATION CO., INC. (PANTRANCO), petitioner, vs. HON. NICASIO A. YATCO, in his capacity as Judge of the Court of First Instance of Rizal, Branch V (Quezon City) and ELPIDIO O. DIZON, respondents.
FACTS
On November 6, 1962, respondent Elpidio O. Dizon boarded a bus of petitioner Pangasinan Transportation Co., Inc. (Pantranco) as a paying passenger. The bus collided with a La Mallorca-Pambusco truck, causing Dizon and other passengers serious physical injuries. Dizon filed a complaint for damages against Pantranco in the Court of First Instance of Rizal, alleging he was a resident of Quezon City. During the hearing on June 1, 1964, Dizon testified that he was actually a resident of Dagupan City and was merely on vacation in Quezon City. Pantranco then moved to dismiss the complaint on the ground of improper venue, but the motion was denied by respondent Judge Nicasio A. Yatco. Pantranco had previously filed an answer with a counterclaim and a third-party complaint against La Mallorca-Pambusco and its driver. After presenting part of its evidence, Pantranco commenced this original action for prohibition in the Supreme Court to restrain the lower court from proceeding, based on the theory of improper venue.
ISSUE
Whether the Supreme Court should issue a writ of prohibition to restrain the Court of First Instance of Rizal from proceeding with Civil Case No. 7237-Q on the ground of improper venue.
RULING
The Supreme Court dismissed the petition for prohibition. The Court held that the objection to venue was deemed waived because it was not set up before the filing of the answer in the lower court, as required by the Rules of Court. Furthermore, Pantranco’s filing of a counterclaim and a third-party complaint in the same court necessarily implied a submission to its jurisdiction and a waiver of any right to object to the venue. The introduction of part of Pantranco’s evidence after the denial of its motion to dismiss also contributed to this waiver. The writ of preliminary injunction previously issued was dissolved, with costs against Pantranco.