It is important to distinguish real actions from
personal action to determine the venue of the
actions.
Venue of Real Action is determined by the
location of the real property involved; on the
other hand Venue of personal Actions is
determined by the residence of the parties.
Ex.
Mortgage
X (Mortgagor) Y (Mortgagee)
Two ways to foreclose a mortgage
 Judicial foreclosure- The mortgagee
goes to court.
 An action to foreclose a real
estate mortgage is a real
action.
 Extra Judicial foreclosure- The
mortgagor has 1 year from the date of
sale to redeem the property that was
mortgaged.
If the purchaser refuses to annul, or
does not allow redemption, then the
mortgagor can institute an action for
redemption.
This action for redemption is also a
real action.
If the mortgagor pays his debt, then
the mortgagee must sign a deed of
release of mortgage or cancellation of
mortgage. It is recorded in the
Registry office. The mortgage does no
longer exist. The lot is no longer the
subject of an existing mortgage.
Q: Suppose X paid all of his debts to Y and
asked Y to execute a deed of cancellation but
Y refuses. X filed a complaint to compel Y to
execute a deed of cancellation. Is this a real
action or a personal action?
A: Personal action because there is no charge
in ownership or possession.
TEST: If the action affects title to or
possession of over the real property, then it is
a real action, otherwise it is a personal action.
3. Jurisdiction over the res
 Applies only if the defendant is a non-
resident defendant who is not in the
Philippines.
Ways to distinguish actions:
 As to basis
 Real
 Personal
 As to object (Against whom the action
is directed)
 Actions in rem
 Actions quasi in rem
 Actions in personam
Action in rem
- It is an action against the whole world
who might be minded to make an
objection against the whole world
against the right sought to be
established. The judgment rendered in
an action in rem binds the whole
world.
Ex.:
Proceeding of a change of a name
Correction of birth certificate
- An action in rem is not necessarily a
real action.
Quasi in rem
- It is an action against an individual,
There is a specific defendant,
although the purpose of the suit is to
object his interest in a particular
property to the obligation burdening
the property.
- The judgment rendered in action quasi
in rem is conclusive only between the
parties.
Ex.:
Action to Quite Title
Action in Personam
- It is an action to establish a claim
against a particular person on the
basis of his personal liability.
If an action in rem or quasi in rem is brought
before a defendant who is not a resident of the
Philippines and is not found in the Philippines
then it is enough that the court has jurisdiction
over the res because the court cannot acquire
really jurisdiction over the person of the
defendant.
Q: May a defendant who is a non resident and
is not found in the Philippines be sued in the
Philippines?
A: Yes, but only if the action is quasi in rem.
Instances when a non resident defendant
who is not in the Philippines can be sued in
the Philippines
i. The action affects the status of the
Plaintiff who is in the Philippines. The
status of the Plaintiff is not res.
ii. If it affects the property of the
defendant situated in the Philippines.
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 The res will then be the property of the
defendant.
Ex.:
A an American, resident of California. He
comes to the Philippines for a visit. Then
he runs out of money and befriended you
and lends him 1M. He promised that he
will double the money when he got back
home. But he never paid the same. And so
you sued him. Can you sue him in the
Philippines?
No, because it is an action in personam.
Suppose that you are in the same country,
the Philippines, can you sue him in the
Philippines?
Yes. You can enforce the judgement and
get a writ of execution. But if the defendant
is a non resident defendant and he is not
in the Philippines then you cannot enforce
the judgment against him.
An old man came in the Philippines; he is
a non resident of the Philippines and asks
X to marry him. X married him. And he
went back to the States leaving X with
nothing. X now sued him for annulment of
marriage on the ground that he is
psychologically incapacitated. Can you
sue him in the Philippines?
Yes because it is an action that affects the
status of the plaintiff who is in the
Philippines. In the same way if the action
affects the property of the defendant
located in the Philippines, then you can
enforce the judgment against the property.
Q: What determines the jurisdiction of the
court?
A: The facts alleged in the complaint,
irrespective of whether or not the plaintiff is
entitled to recover upon all or part of the
claims asserted therein, and the law in force at
the time of the filing of the complaint
determines the jurisdiction of the court. It
cannot be made to depend upon the defenses
set up it the answer or in a motion to dismiss.
Ex.:
Plaintiff is filling a complaint against the
defendant. In his complaint P says that D
owes him P1.8M based on a PN. But the
defendant claims that he has already paid
P1.6M. In what court should the complaint be
filed?
The complaint must be filed in the RTC. . It
cannot be made to depend upon the defenses
set up it the answer or in a motion to dismiss.
Suppose eventually the court finds that the
amount the plaintiff is entitled to is P200,000,
Does the RTC still has jurisdiction or is the
RTC already ousted of its jurisdiction?
The RTC has still jurisdiction because what
determines the jurisdiction of the court is the
facts alleged in the complaint. It cannot be
made to depend upon the defenses set up it
the answer or in a motion to dismiss.
Exception:
In an ejectment case filed with the MTC where
the defendant sets up the defense of
agricultural tenancy by claiming that he is the
tenant. In such a situation, the MTC must not
dismiss the case outright but must conduct a
preliminary hearing on said defense.
If the court finds that there is indeed an
agricultural tenancy relationship between the
plaintiff and the defendant, then it must
dismissed the case as it falls within the
exclusive jurisdiction of the DARAB.
EJECTMENT CASES
2 kinds of ejectment cases
1. Forcible entry
2. Unlawful detainer
 MTC always has exclusive original
jurisdiction regardless of the amount
of the plaintiff’s claim.
 ISSUE: who has the right of actual or
physical possession?
RULE 1- GENERAL PROVISIONS
The Rules shall apply in all courts, except as
otherwise provided by the SC. (Rule 1, Sec 1)
Q: When are the Rules not applicable?
A: In the following cases:
i. Election cases
ii. Land registration
iii. Cadastral cases
iv. Naturalization proceedings
v. Insolvency cases
EXCEPT in analogy or in suppletory character
and whenever practicable and convenient.
Q: What is a civil action?
A: A civil action is one by which a [arty sues
another for the enforcement or protection of a
right, or the prevention or redress of a wrong.
2 kinds of a Civil Action
 Ordinary Civil Action- it is governed by
the Rules of court
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  Special Civil Action- it is also
governed by the Rules of Court and
other rules only applicable to them.
Special Proceedings
- Remedies to establish a status, a right
or a particular fact.
Distinctions between civil action and
special proceedings
CIVIL ACTION SPECIAL
PROCEEDINGS
Adversarial May or may not be
adversarial.
Formal demand of a Merely a remedy to
right by one against establish a status, a
another right or a particular
fact.
Commencement of a civil action
(Rule 1, Sec 5)
A civil action is commenced by the filing of the
original complaint in court.
If an additional defendant is impleaded in a
later pleading (AMENDED COMPLAINT) the
action is commenced with regard to him on the
date of the filing of such later pleading,
irrespective of whether the motion for its
admission, if necessary, is denied by the court.
Q: Suppose a plaintiff files a complaint against
the defendant A. And then it comes to the
attention of the court that an indispensable
party, B, has not been impleaded. What is the
remedy?
A: To implead the omitted indispensable party
B, by amending the complaint and including
him as a defendant.
An additional defendant is impleaded in an
amended complaint.
Q: What will happen if the plaintiff failed to or
does not comply with the order of the court to
implead an indispensable party?
A: If the court finds out that an indispensable
party is not impleaded in the complaint, the
court will issue an order directing the plaintiff
to implead such indispensable party as a
defendant.
Suppose the plaintiff does not comply, or
refuses to comply or he cannot comply, then
the court will dismiss the complaint on the
ground of failure to obey an order of the court.
(Rule 17, Sec 3)
But suppose the court did not know that there
was an indispensable party who was not
impleaded, and has already rendered a
judgment, the effect of such judgment is void
not only to those absent but even to those who
are present.
Q: Why should we know when a civil action is
commenced?
A: Because it is the commencement of the
civil action that will interrupt the running of the
applicable prescriptive period.
Note: An amended complaint that changes the
plaintiff’s cause of action is technically a new
complaint.
Q: How may the Rules of Court be construe?
A: The Rules of Court shall be construed
liberally to promote their objective of securing
a just, speedy and inexpensive determination
of the action.
RULE 2- CAUSE OF ACTION
Cause of Action
A cause of action is the act or omission by
which a party violates a right of another.
Q: What are the requisites of a cause of
action?
A: The following:
1. There must be an existence of a
plaintiff’s right;
2. An obligation on the part of the
defendant to respect and not to violate
such right; and
3. An act or omission on the part of the
defendant constituting a violation of
plaintiff’s right, resulting to damage or
injury to the plaintiff.
Only one action may be instituted on the basis
os a single cause of action. Sec 3.
Splitting a Single Cause of Action
Process of dividing a cause of action into
many parts and filing a complaint based on
each part.
If two or more suits are instituted on the basis
of the same cause of action, the filing of one or
a judgment upon the merits in any one is
available as a ground for the dismissal of the
others. Sec 4.
Grounds for dismissal:
1. Litis pendentia or lis pendens
 There is another action pending
between the same parties and for
the same cause of action.
 Litis pendencia is obtained even if
the positions of the parties in the
second case is reversed.
 Question: When there are two
actions pending in court, which of
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 the two actions should be
dismissed?

2. Res judicata
 The action is barred by prior
judgment.

2 tests to Determine which case should be

Dismissed

A. Priority of time Rule

o Ordinarily the 2nd case should
be dismissed. However, this
test yields to the More
Appropriate Action Test.

B. More appropriate Action Test.

o If the 2nd case is the more
appropriate case, then it is the
1st case that should be
dismissed whenever
applicable.
Ex.:
H and W are husband and wife.
1st case: W v H for support
2nd case: H v W for legal separation. In this
case W files an answer and asserted a
counterclaim for support against H.

The 2nd case is more appropriate because we

can litigate legal separation and an action for
support.