hierarchy of courts only applies only on concurrent

R70 Sect 15 file a motion for the issuance writ of preliminary mandatory injunction
to restore possession (forcible entry but wants to reaquire possession)

Real action vs. Personal Action

is there a real property or an interest in real property so that there can be REAL
ACTION

If yes WAIT... not real action agad

What is the issue of the case? title, ownership, possession, partition,

foreclosure, condemnation = YES, REAL ACTION

Ex. Rented 50k apartment from you. aFter 3 months, destroy italian marble floor.
Owner I will sue for damage to my apartment.

= Personal Action for Damages

Ejection for violation of lease contract = Real, there is an issue of possession

already.

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In personam, in rem, quasi in rem

status of an individual = in rem

recognition of a natural child = in personam
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in personam/in rem = direct to person , personal/real action = depends on the
action

partition, accounting of property, foreclosure, attachment = quasi in rem

partition = incapable for pecuniary - but quasi in rem, and real action

foreclosure = quasi in rem

ejectment = in personam, real action

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SUMMONS
if resident of the phils in an action in personam
1. voluntary appearance (so even w/o summons) Except raising lack of jurisdiction
over the person (sec 2 rule 8)
2. by a valid service of summons = service in person upon the defendant; MUST EXERT
EFFORT = written and detailed
3. After due effort, proceed now to Substituted service; resident/usual place of
business = sufficient age and discretion ,resident
4. GR: no summon by publication XPN: [IN ANY ACTION, WITH LEAVE OF COURT] a.
identity is unknown, b. whereabouts is unknown, c. when defendant is temporarily
out of the Phils (sec 14,r14)

Non resident defendant in an action in personam

1. voluntary appearance
2. valid service of summon - SERVICE IN PERSON ONLY no summons by publication.

EXTRATERRITORIAL SERVICE OF SUMMONS = Not resident, outside of the phil, action in

rem or quasi in rem
1. Personal service
2. summon by publication**
Note: purpose notice only not acquiring jurisdcition