A. General Provisions Flashcards
Personal Actions v. Real Actions. Scope
RA.
When it affects title to or possession of real property, or interest therein. (Sec. 1, Rule 4, ROC, as amended)
PA.
Recovery of personal property, the enforcement of a contract or the recovery of damages. (Chua v. TOPROS, G.R. No. 152808, 30 Sept. 2005)
Personal Actions v. Real Actions. Basis.
RA:
When it is founded upon the privity of a real estate. The realty or interest therein is the subject matter of the action.
NOTE: It is important that the matter in litigation must also involve any of the following issues:
1. Title
2. Ownership
3. Possession
4. Partition
5. Condemnation (Albano, 2017)
6. Foreclosure of mortgage
7. Any interest in real property (Riano, 2019)
PA.
Founded on privity of
contract such as
damages, claims of
money, etc. (Paper
Industries Corporation
of the Philippines v.
Samson, G.R. No. L30175, 28 Nov. 1975)
Personal Actions v. Real Actions. Venue.
RA.
A real action is ‘local’ – i.e., its venue depends upon the location of the property involved in the litigation. Venue of action shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is situated. (Sec. 1, Rule 4, ROC, as amended)
PA.
Venue of action is transitory – i.e., the place where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a nonresident defendant where he may be found, at the election of the plaintiff. (Sec. 2, Rule 4, ROC, as amended)
Importance of distinction between Real and
Personal Actions
The distinction between a real action and a personal action is important for the purpose of determining the venue of action.
NOTE: Questions involving the propriety or impropriety of a particular venue are resolved by initially determining the nature of the action, i.e., if the action is personal or real. (Riano, 2019)
Local Actions v. Transitory Actions. Venue.
LA. Must be brought in a particular place where the subject property is located, unless there is an agreement to the contrary. (Sec. 4, Rule 4, ROC, as amended)
TA. Dependent on the place where the party resides regardless of where the cause of action arose. Subject to Sec. 4, Rule 4
Local Actions v. Transitory Actions. Privity of Contract:
LA. No privity of contract and the action is founded on privity of estate only. (Riano, 2019)
TA. Founded on privity of contract between the parties whether debt or covenant. (Paper Industries Corporation of the Philippines v. Samson, supra.)
