REAL AND PERSONAL ACTIONS the contract to execute a

deed of sale.
- According to foundation
(Heirs of Bautista vs
Real Personal Lindo)
Local – its venue depends Transitory – its venue
upon the location of the depends upon the residence Where the allegations, as
property involved in the of the plaintiff or the well as the prayer, int the
litigation. defendant. complaint do not claim
When it affects title to or All other actions are ownership or ask for
possession of real property, personal actions possession but instead
or an interest therein merely seeks for the
execution of a deed of sale
Example: by the defendants in favor of
Actions for unlawful detainer the plaintiff.
Actions for Forcible entry Where it is alleged in the
Accion publiciana complaint that the defendant
Acction reinvindicatoria breached the contract so
Quieting of title or removal that the plaintiff prays that
of a cloud on a title the contract be rescinded,
An action is real when it us An action for damages to and that the defendant be
founded upon the privity of real property is a personal ordered to return the
real estate (Realty is the action possession of the hacienda
subject matter of the action to the plaintiff, the ultimate
purpose or end of the action
It is important that the matter is to recover possession of
in litigation must also involve real property, and not a
or effect any of the following mere breach of contract
issues Where an award of a house
a. Affecting title to and lot to the plaintiff was
b. For recovery of unilaterally cancelled, an
possession action that seeks to annul
c. Partition the cancellation of the award
d. Condemnation over the said house and lot.
e. Foreclosure of An action to foreclosure a An action to compel the
mortgage real estate mortgage mortgagee to accept
payment of the mortgage
An action to recover An action to recover debt and release the
possession of real property possession of personal mortgage.
plus damages. property is a personal An action to annul a contract
action. of loan, and its accessory
An action for nullity of real estate mortgage
Marriage is a personal Although the main relief
action. sought in the action is the
delivery of the certificate of
(Tamano vs Ortiz) title, said relief, in turn
depends upon who,
A complaint is denominated An action for specific between the parties, has a
as one for specific performance with damages better right to the lot in
performance but prays for is a personal action. question. It is not possible
the issuance of a deed of for the court to decide the
sale for a parcel of land. XPN: As long as it does not main relief without passing
involve a claim or recovery upon the claim of the parties
(Gochan vs Gochan) of ownership of or title to with respect to the title to
real property. and the possession of the lot
in question.
An action for specific Where the sale is fictitious,
performance to enforce a with absolutely no
right to repurchase lots consideration, it should be
previously sold to the buyer regarded as a non-existent
in accordance with the contract. Cannot be an
Public Land Act is an action action for annulment of a
incapable of pecuniary sale of fishpond
estimation. Because it An action to annul a real Annul a deed of real estate
sought from the defendant estate mortgage foreclosure mortgage.
the execution of a deed of sale (Issue of ownership)
absolute sale based on a An action for a sum of
contract which they had money
previously made. – enforce
 An action to annul a sale of Quasi in Rem
land where the recovery of
ownership is essentially the - Brough against persons seeking to subject the property of
material issue in the case such persons in the discharge of claims.
Where an award of a house - An individual is named as defendant and the purpose of
and lot to the plaintiff was the proceedings is to subject his interest therein to the
unilaterally cancelled, an obligation or loan burdening the property
action that seeks to annul - Jurisdiction is acquired either a) by the seizure of the
the cancellation of the award property under legal process, whereby it is brought into
over the said house and lot actual custody of the law, or b) as a result of the institution
An action to recover the of legal proceedings, in which the power of the court is
deficiency after the recognized and made effective.
extrajudicial foreclosure of
the real property mortgage.
 Suits to quiet title
Partition or condemnation or
foreclosure of mortgage of  Actions for foreclosure
real property.  Attachment proceedings
 An action for annulment of certificate of title

Analysis Example of when an action in rem or quasi in rem is

treated as in personam.
a. A determination whether the action is real or
personal.
An action in rem or quasi in rem is treated as an action in
b. An application of the rules on venue under the
personam if the defendant presents himself in the action.
Rule 4 of the Rules of Court.

IN PERSONAM, IN REM, and QUASI IN REM

- Is a classification of actions according to the object
of the action.

Action in Personam.

- A proceeding to enforce personal rights and obligations

brought against the person and is based on the
jurisdiction of the person
- Jurisdiction is acquired through service of summons

 Action for sum of money

 Action for Damages
 Action for specific performance
 Rescission of Contract
 Action for unlawful detainer or forcible entry.
 Action to enforce a foreign judgement in a complaint for
breach of contract.

Action in rem

- Action against the thing or res itself, instead the person

- Jurisdiction 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.

 Petition for Adoption

 Correction of entries in the Birth certificate or Annulment
of Marriage
 Nullity of Marriage
 Petition to establish illegitimate filiation
 Registration of land under the torrens system
 Forfeiture proceedings.