A. ACTIONS Flashcards
Meaning of ordinary civil actions (R1S3)
A civil action is one by which a party sues another for:
(1) the enforcement or protection of a right, OR
(2) the prevention or redress of a wrong.
Meaning of special civil actions (R1S3(a), par. 2)
Special civil actions are those which are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action.
Meaning of criminal action (R1S3(b))
A criminal action is one by which the State prosecutes a person for an act or omission punishable by law.
Civil action vs. special proceedings (R1S3)
A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong [Sec. 3(a), par. 1, Rule 1]
A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact [Sec. 3(c), Rule 1]
Personal actions and real actions
Real action: It is an action affecting title to or possession of real property, or interest therein. [See Sec. 1, Rule 4]
Personal actions: It refers to all other actions which are not real actions. [Sec. 2, Rule 4]
NOTE: The distinction is important in order to determine the proper venue of the action. [Sec.1, Rule 4 in relation to Sec. 2, Rule 4]
Not every action involving real property is a real action. i.e. when the issue of realty is only incidental to the case.
Local and transitory actions
[LOCAL ACTION]
- A local action is one which has to be filed in the place where the property is located. [Sec.1, Rule 4]
- One that could be instituted in one specific place. [Manila Railroad v. Attorney-General, G.R. No. L-6287 (1911)]
[TRANSITORY ACTION]
- A transitory action is one which may be filed in the residence of the plaintiff or defendant, at the option of the plaintiff. [Sec. 2, Rule 4]
- One that could be prosecuted in any one of several places. [ManilaRailroad v. Attorney-General, G.R. No. L-6287 (1911)]
Action in rem
[ACTION IN REM]
- Definition: Action against the thing or res itself, instead of against the person [Hernandez v. Rural Bank of Lucena, Inc. G.R. No. L-29791, (1978)]
- Jurisdiction over the person: Not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res [Lucas v. Lucas, G.R. No. 190710 (2011)]
- How jurisdiction is acquired: Jurisdiction over the res is acquired either (a) by the seizure of the property under legal process, whereby it is brought into actual custody of the law, or (b) as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective [Lucas v. Lucas, G.R. No. 190710 (2011)]
- Binding effect of decisions: The decision is binding as against the whole world [Paderanga v. Buissan, G.R. No. 49475 (1993)]
Examples: Petition for adoption, annulment of marriage, or correction of entries in the birth certificate [Lucas v. Lucas, G.R. No. 190710 (2011)]
Action in personam
[ACTION IN PERSONAM}
- Definition: One which seeks to enforce personal rights and obligations brought against the person. [Paderanga v. Buissan, GR. No. 49475 (1993)]
- Jurisdiction over the person: Necessary for the court to validly try and decide the case which can be made through service of summons [Lucas v. Lucas, G.R. No. 190710 (2011)]
- How jurisdiction is acquired: Jurisdiction is acquired through service of summons as provided in the Rule 14 or voluntary appearance
- Binding effect of decisions: Any judgment therein is binding only upon the parties properly impleaded [Paderanga v. Buissan, GR. No. 49475 (1993)]
Examples: Action for a sum of money; action for damages [1 Riano 221, 2014 Bantam Ed.]
Action quasi in rem
[ACTION QUASI IN REM]
- Definition: Names a person as defendant, but its object is to subject that person’s interest in a property to a corresponding lien or obligation [Lucas v. Lucas, G.R. No. 190710 (2011)]
- Jurisdiction over the person: Not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res [Lucas v. Lucas, G.R. No. 190710 (2011)]
- How jurisdiction is acquired: Jurisdiction over the res is acquired either (a) by the seizure of the property under legal process, whereby it is brought into actual custody of the law, or (b) as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective [Lucas v. Lucas, G.R. No. 190710 (2011)]
- Binding effect of decisions: Judgments therein are binding only upon the parties who joined in the action [Macasaet v. Co, G.R. No. 156759 (2013)]
Examples: Attachment, foreclosure of mortgage, action for partition and action for accounting [1 Riano 227, 2014 Bantam Ed.]
In terms of jurisdiction, what is the effect of failure to properly serve summons?
Failure to serve summons will mean that the court failed to acquire jurisdiction over the person of the defendant. However, the filing of a motion for new trial or reconsideration is tantamount to voluntary appearance [De Pedro v. Romasan Development Corp., G.R. No. 194751, November 26, 2014]
Payment of docket fees (R141S1)
Section 1. Payment of fees. — Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full.
T/F: Non-payment of the docket fee results in an automatic dismissal on the ground that the Court has not acquired jurisdiction over the case.
FALSE. “Where the initiatory pleading is not accompanied by the payment of the docket fee, the court may allow payment of the fee within a reasonable period of time, but in no case beyond the applicable prescriptive or reglementary period.” [GSIS v. Heirs of Caballero, G.R. No. 158090, October 4, 2010, 632 SCRA 5]
Qualifier: “Where the party does not deliberately intend to defraud the court in payment of docket fees, and manifests its willingness to abide by the rules by paying additional docket fees when required by the court, the liberal doctrine enunciated in Sun Insurance Office, Ltd., and not the strict regulations set in Manchester, will apply.” [United Overseas Bank v. Ros]
