B. Kinds of Action

Question 1

IN REM, IN PERSONAM AND QUASI IN REM.
As to their Nature.

Answer 1

Rem:A proceeding to determine title, status or condition of property within its borders

IP: A proceeding to enforce personal rights and obligations brought against the person. (Riano, 2019)

QIR: A proceeding to subject the property of the named defendant or his interests therein to the obligation or lien burdening the property. (Riano, 2019, citing Asiavest Limited v. CA, G.R. No. 128803, September 25, 1998 25 Sept. 1998)

Question 2

As to their Purpose

Answer 2

IR:
A proceeding to bar indifferently all who might be minded to make any objection against the right sought to be enforced, hence the judgment therein is binding theoretically upon the whole world

IP:
To impose through the judgment of a court, some responsibility or liability directly upon the person of the defendant. (Domagas v. Jensen, G.R. No. 158407, January 17, 2005 17 Jan. 2005)

QIR:
Deals with the status, ownership or liability of a particular property but which are intended to operate on these questions only as between the particular parties to the proceedings and not to ascertain or cut-off the rights or interests of all possible claimants. (Domagas v. Jensen, supra)

Question 3

As to their Scope

Answer 3

IR: Directed against the thing itself instead of against the person. (Riano, 2019)

IP: Directed against particular persons. (Domagas v. Jensen, supra)

QIR: Directed against particular persons with respect to the res.

Question 4

As to the Required Jurisdiction

Answer 4

IR: Jurisdiction over the person of the defendant is not required. Jurisdiction over the res is acquired either (1) by the seizure of the property under legal process; or (2) as a result of the institution of legal proceedings. (Biaco v. Philippine Countryside Rural Bank, G.R. No. 161417, 08 Feb. 2007)

IP: Jurisdiction over the person of the defendant is required. (Biaco v. Philippine Countryside Rural Bank, supra.)

QIR: Jurisdiction over the person of the defendant is not required as long as jurisdiction over the res is acquired. (Biaco v. Philippine Countryside Rural Bank, supra) NOTE: Summons must be served upon the defendant in order to satisfy due process requirements. (Riano, 2019)

Question 5

As to the Effect of Judgment

Answer 5

IR: Judgment is binding upon the whole world. (Muñoz v. Yabut, Jr., G.R. No. 142676 & 146718, 6 June 2011).

IP: Judgment is binding only upon parties impleaded or their successors-in-interest, but not upon strangers. (Muñoz v. Yabut, Jr., supra)

QIR: Judgment will be binding only upon the litigants, their privies, and their successors-in-interest, but the judgment shall be executed against a particular property. The res involved will answer for the judgment.

Question 6

Examples

Answer 6

IR: 1. Probate proceedings (Alaban v. Court of Appeals, G.R. No. 156021, 23 Sept. 2005); 2. Cadastral proceedings (In re Estate of Johnson, 39 Phil 156); or
3. Land registration proceedings (Republic v. Herbieto, G.R. No. 156117, 26 May 2005)

IP:
1. Action for specific performance (Jose v. Boyon, G.R. No. 147369, 23 Oct. 2005);
2. Action for breach of contract; or
3. Action for a sum of money or damages (Riano, 2019)

QIR:
1. Action for partition;
2. Action for accounting (Riano, 2019, citing Valmonte v. CA, G.R. No. 108538, 22 Jan. 1996);
3. Attachment; or
4. Foreclosure of mortgage (Sahagun v. CA, G.R. No. 78328, 03 June 1991)

Question 7

The distinction between actions in rem, in personam, and quasi in rem is important in determining the following:

Answer 7

1. Whether jurisdiction over the person of the defendant is required; and
2. The type of summons to be employed (Gomez v. CA, G.R. No. 127692, 10 Mar. 2004)