BAGALANON vs.

COURT OF APPEALS SC held that the late mailing of the pleading by the counsel, due to unexpected closing of the post office is excusable negligence SALAZAR vs. SALAZAR In cases where reckless or gross negligence of counsel deprives the client of due process of law, or when its application will result in outright deprivation of the clients liberty or property or where the interests of justice so requires, relief is accorded to the client who suffered by reason of the lawyers gross or palpable mistake or negligence. HAMILTON vs. LEVY Parties who were abroad at the time of the filing of the petition were excused from personally signing the certification against forum shopping DIGITAL MICROWAVE CORP. vs. CA Utter disregard of the rules cannot be rationalized by harking on the policy of liberal construction. ACTION AND CAUSE OF ACTION Real Action based on the privity of real estate; must affect title to, or recovery of possession of property or interest therein, partition of, condemnation or foreclosure of real estate mortgage a. Denominated as specific performance but prays for the issuance of a deed of sale and a TCT be issued in his favor b. Breach of contract but the plaintiff prays that the contract be rescinded and for return of possession of the hacienda c. Action to nullify the title to the real property even if the alternative relief is for the recovery of damages Personal Action founded on the privity of contract; enforce a contract, recover personal property or recover damages. a. action to annul the cancellation of the award of a house and lot (Hernandez vs. DBP) b. Complaint for specific performance with damages

c. Action to compel the mortgagee to accept payment and to release the mortgage DISTINCTION BETWEEN A REAL AND A PERSONAL ACTION Venues are different for real and personal actions. Real action is a local action, but personal action is a transitory action. ACTION IN REM, IN PERSONAM and QUASI IN REM Action in rem one where the judgment of court binds the entire world and where the object of which is to bar indifferently all who may object to the right sought to be established, action against the thing itself a. b. c. d. e. Probate proceeding Cadastral proceeding Action affecting the personal status of plaintiff Insolvency proceeding Land registration

Action in personam one the object of which to establish a claim against some particular person on the basis of personal liability, with judgment that binds only that particular person a. b. c. d. unlawful detainer or forcible entry action to recover ownership of a land action to recover damages action for specific performance

Action quasi in rem one wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property (an individual is named as a defendant) a. action for partition b. accounting under Rule 69 Note: An action in rem is not necessarily a real action, nor is an in personam necessarily a personal action. Real and personal actions are actions classified according to their foundation or cause. Actions in rem, in personam or quasi in rem are actions classified on the object of the action. a. Forcible entry and unlawful entry real action but action in personam

b. Action for the declaration of the nullity of marriage personal action but in rem c. Action to recover real property real action but in personam d. Action for injunction personal action and in personam e. Action for specific performance and/or rescission of a sale of land real action but in personam IMPORTANCE OF DETERMINING ACTION IN REM OR IN PERSONAM In action in rem, jurisdiction over the person is not necessary as jurisdiction over the res is acquired by publication. In action in personam, jurisdiction over the person must be acquired. In actions in personam, jurisdiction over the defendant cannot be acquired through publication.