1

CIVPRO; REAL ACTION VS.

PERSONAL ACTION

A REAL ACTION is one which affects title
to or possession of real property or interest
therein.

A PERSONAL ACTION is one which does
NOT affect title to or possession of real
property or interest therein.

EXAMPLES OF REAL ACTIONS:
1. Action to recover ownership or
possession of land.
2. Foreclosure of real estate mortgage.
3. Partition.
4. Ejectment.

EXAMPLES OF PERSONAL ACTIONS:
1. Action to recover ownership or
possession of personal property.
2. Action for specific performance.
3. Action for collection of sum of money.



2
CIVPRO; IMPORTANCE OF
DISTINGUISHING BETWEEN A
REAL ACTION AND A PERSONAL
ACTION

The distinction is important for
purposes of determining the VENUE
OF THE ACTION and the court having
the JURISDICTION OVER THE
SUBJECT MATTER thereof.















3
CIVPRO; VENUE;
REAL ACTIONS

The venue of real actions is the proper court
which has jurisdiction over the area wherein
the REAL PROPERTY INVOLVED, or A
PORTION thereof, is SITUATED.


CIVPRO; VENUE;
PERSONAL ACTIONS

The venue of personal actions lies in the
PLACE WHERE

the plaintiff or any of the principal
plaintiffs RESIDES OR

where the defendant or any of the
principal defendants RESIDES

at the ELECTION of the PLAINTIFF.




4
CIVPRO; JURISDICTION OVER
REAL ACTIONS

Jurisdiction over real actions depends upon
the ASSESSED VALUE of the REAL
PROPERTY involved.


CIVPRO; JURISDICTION OVER
PERSONAL ACTIONS

Jurisdiction over personal actions depends
upon the AMOUNT of the CLAIM or
DEMAND

provided that if the subject of the litigation
is INCAPABLE OF PECUNIARY
ESTIMATION, jurisdiction is vested in
the RTC.







5
CIVPRO; ACTION IN REM

An action or proceeding in rem is one which
is NOT directed against a particular person
but ON THE THING or RES ITSELF and
which asks the court to make a
declaration of or to dispose of or deal
with the res.


EXAMPLES:
1. Application for original registration of a
parcel of land.
2. Special proceedings, the object of which
is to establish the res, i.e., status, right,
or particular fact.
3. Petition for declaration of insolvency.
4. Escheat proceedings.
5. Petition for change of name under Rule
103.






6
CIVPRO; ACTION IN PERSONAM

An action in personam is one which is
DIRECTED AGAINST PARTICULAR
PERSONS and seeks a relief which would
be binding only upon such particular
persons.


EXAMPLES:
1. Action for a sum of money.
2. Action for specific performance.














7
CIVPRO; ACTION QUASI IN REM

An action quasi in rem is one which is
directed against particular persons
BUT seeks to REACH AND DISPOSE OF
or DEAL WITH THEIR PROPERTY
located in the Philippines.

EXAMPLES:
1. Judicial foreclosure of mortgage.
2. Action in personam in which property of
the defendant has been attached. The
attachment converts the action to one
quasi in rem.
3. Action for partition and accounting.
4. Action to quiet title and to remove
cloud.
5. Action for partition.








8