ACTION Flashcards
Q: What is an action as distinguished from proceeding? (1999 Shari’a Bar)
An action is a suit in a court of justice by which one party prosecutes another for the enforcement or protection of a right or the prosecution or redress of a wrong while a proceeding, in a general sense, is the form and manner of conducting juridical business before a court or judicial officer (see Black’s Law Dictionary, 6th ed., 1990, p. 1204).
Define action.
An action means an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right or the prosecution or redress of a wrong (De Guzman, Jr. vs. CA, G.R. 92029-30, Dec. 20, 1990).
What are the classification of actions?
Actions are classified as follows:
A. According to cause or foundation:
(1) Personal action, one which is brought for the recovery of personal property, for the enforcement of some contract or recovery of damages for the commission of an injury to the person or property (Dial Corp. vs. Judge Soriano, G.R. 82330, May 31, 1988) Example: Action for damages.
(2) Real action, one which is affecting title to real property or for the recovery of its possession, or for partition or condemnation of, or foreclosure of mortgage on real property (Hernandez vs. Rural Bank of Lucena, 81 SCRA 84) or one founded on privity of real estate only (Paper Industries Corp. vs. Samson, L 30l73, Nov. 28, l975). Example: Accion interdictal
(3) Mixed action, one brought for protection or recovery of real property and also for an award for damages sustained (I Regalado p. 16). Example: Accion publiciana with damages.
B. According to the place where instituted:
(1) Transitory action, one which may be brought in the place of residence of plaintiff or any of the principal plaintiffs, or the
place of residence of the defendant or any of the principal defendants (See Sec. 2, Rule 4, Rules of Court, as amended). Example: Breach of contract.
(2) Local action, one which has to be instituted in a particular place independently of the places of residence of the parties (I Moran p. 123 citing CJS 946 949). Example: Accion publiciana
C. According to its object:
(1) Action in rem, one directed against the thing or property or status of a person and seek judgment with respect thereto as against the whole world (Ching vs. CA, G.R. 5973l, Jan. 11, l989).
(2) Action in personam, one brought against a specific person on the basis of his personal liability (Dial Corp. vs. Judge Soriano, supra.).
(3) Action quasi in rem, one intended to exclude a non-resident defendant from any right or interest in property located in the Philippines (I Moran p. 123 citing Perkins vs. Dizon, 69 Phil 186).
D. According to its purpose:
(1) Civil action, 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), Rule 1, Rules of Court, as amended).
(2) Criminal action, one by which the State prosecutes a person for an act or omission punishable by law (Sec. 3(b), Ibid.).
Is “real action “synonymous with “action in rem”?
A real action should not be confused with an action in rem. An action to recover a parcel of land is a real action but it is an action in personam, for it binds a particular individual only although it concerns the right to a tangible thing (Ching vs. CA, supra).
Q: What is the meaning of cause of action? (1997 Shari’a Bar)
ANS: A cause of action is an act or omission by which a party violates a right of another (Sec. 2, Rule 2, Rules of Court, as amended; Rebolido vs. CA, G.R. 81123, Feb. 28, 1989). It is the fact or combination of facts which affords a party a right to judicial interference in his behalf (De Guzman vs CA, supra.).
Q: What are the essential elements of cause of action?
ANS: The essential elements of a cause of action are:
(1) The legal right of the plaintiff;
(2) The correlative obligation of the defendant to respect that right; and
(3) An act or omission of the defendant in violation of said legal right (Virata vs. Sandiganbayan, G.R. 86926; Mapa vs. Sandiganbayan, G.R. 86949, Oct. l5, l99l; Rebolido vs. CA, supra; De Guzman vs. CA, supra; Casenas vs. Rosales, l9 SCRA 462; Remitere vs. Vda de Yulo, l6 SCRA 25l).
Q: Define right of action.
ANS: A right of action is the remedial right or right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him (I Regalado p. 15).
