STAGES IN CIVIL PROCEDURE

I. BEFORE FILING 0F THE ACTION

A. Actions in general
1. Cause of action
2. Right of action
B. Parties
1. Parties in general
2. Kinds of parties
3. Requirements
a. legal capacity
b. real party in interest
c. standing to sue
4. Joinder of parties
a. joinder of initial parties
1) compulsory
2) permissive
b. third (fourth, etc.) party
c. special joinder modes
1) class suit
2) intervention
3) interpleader
C. Referral to barangay conciliation
D. Selection of court
1. Kinds of civil actions
a. Ordinary and special
b. Personal, real
c. In personam, in rem, quasi-in rem
d. Local and transitory
2. Hierarchy of courts
3. Jurisdiction
4. Venue
5. Summary procedure
E. Pleadings, motions and notice
1. Pleadings in general
a. Formal requirements
1) Verification
2) Certification of non-forum shopping
b. Manner of making allegations in pleadings
2. Complaint
a. Joinder of causes of action
1) Permissive
2) Compulsory
3. Filing and service of pleadings and other papers
II. FILING OF THE ACTION
A. Commencement of the action
B. Docket fees
C. Raffle of cases
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D. Provisional remedies, if necessary

III. COURT ACQUIRES JURISDICTION OVER THE PARTIES
A. Summons
1. Modes of Service of Summons
a. personal service
b. substituted service
c. constructive service (by publication)
d. extraterritorial service
B. Voluntary appearance
IV. INCIDENTS AFTER COURT ACQUIRES JURISDICTION OVER THE
PARTIES
A. Plaintiffs notice and motions
1. notice of dismissal of the complaint under Rule 17, Section 1
2. amended complaint under Rule 10, Section 2
3. motion for leave to file a supplemental complaint under Rule 10, Section 6
4. motion to declare defendant in default under Rule 9, Section 3
B. Defendants motions
1. motion to set aside order of default under Rule 9, Section 3
2. motion for extension of time to file responsive pleading under Rule 11, Section 11
3. motion for bill of particulars under Rule 12
4. motion to dismiss complaint under Rule 16
V. JOINDER OF ISSUES
A. Plaintiffs motions and pleadings
1. Motions
a. To dismiss complaint under Rule 17, Sec. 2
b. To amend or supplement complaint under Rule 17, Secs. 3 and 6
c. For judgment on the pleadings under Rule 34
e. For summary judgment under Rule 35
f. To set pre-trial
2. Pleadings
a. Reply
b. Answer to counterclaim
3. Others
a. Pre-trial brief
B. Defendants motion a nd pleading
1. Motion
a. Motion to dismiss complaint due to fault of plaintiff under Rule 17, Sec. 3
2. Pleading
a. Answer with or without counterclaim
3. Others
a. Pre-trial brief
VI. PRE-TRIAL
A. Plaintiffs motions
1. To present evidence ex parte and render judgment
B. Defendants motion
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1. Motion to dismiss
C. Common motions
1. To postpone
2. For consolidation or severance
3 For trial by commissioner
D. Joinder
1. Joinder of claims or causes of action
2. Joinder of parties
VII. DEPOSITIONS AND DISCOVERY
A. Depositions
B. Interrogatories to parties
C. Admission by adverse party
D. Production or inspections of documents or things
E. Physical and mental examination of persons
VIII. TRIAL
A. Amendment to conform to or authorize presentation
of evidence under Rule 10, Sec. 5
IX. AFTER TRIAL BUT BEFORE JUDGMENT
A. Common motion
1. To submit memorandum
B. Defendants motion
1. For judgment on demurrer to evidence
X. JUDGMENT
XI. AFTER JUDGMENT
A. Common motions
1. For reconsideration
2. For new trial
XII. APPEAL AND REVIEW
A. Before finality
1. Ordinary appeal
2. Petition for review
3. Petition for review on certiorari
B. After finality
1. Petition for certiorari
2. Petition for relief from judgment
3. Petition for annulment of judgment
XIII. EXECUTION AND SATISFACTION OF JUDGMENT
A. In general
1. Kinds of execution
a. Mandatory
b. Discretionary
B. Procedure for execution
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1. In case of death of party

2. Of judgments for money
3. Of judgments for specific act
4. Of special judgments
C. Execution sales
1. Sales on execution
2. Conveyance of property sold on execution
3. Redemption of property sold on execution
E. Satisfaction of judgment
Rule 01
GENERAL PROVISIONS

SECTION 1. Title of the Rules. These Rules shall

be known and cited as the Rules of Court.
The Rules of Court do not have retroactive
effect. They can, however, be made applicable to
cases pending at the time of their passage and
therefore are retroactive in that sense.
The rule-making power of the SC has the following
limitations:
1. Simplified and inexpensive procedure for the
speedy disposition of cases;
2. Uniform for all courts of the same grade; and
3. Shall not diminish, increase or modify
substantive rights (Art. VIII Sec. 5[5], 1987
Constitution.
In the interest of just and expeditious
proceedings, the Supreme Court may suspend the
application of the Rules of Court and except a case
from its operation because the Rules were precisely
adopted with the primary objective of enhancing
fair trial and expeditious justice.
SEC. 2. In what courts applicable. These Rules
shall apply in all the courts, except as otherwise
provided by the Supreme Court.
Section 2, states in what court or courts the rules apply as it says
these rules shall apply in all the courts except as otherwise provided
by the Supreme Court. Meaning, applicable to all courts except when
the SC say otherwise.

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For example: The SUMMARY RULES on procedure which is applicable to

some cases in the MTC.
REVISED RULE ON SUMMARY PROCEDURE as amended by A.M.
02-11-09-SC, effective November 25, 2002; and
Rule of Procedure for Small Claims Cases 1A.M. No. 08-8-7-SC
Another example of when the SC says otherwise is Section 4, that the
rules shall not apply to election cases, land registration, cadastral,
naturalization, insolvency proceedings and other cases not herein
provided for except by analogy. This is actually not a new provision. It
used to be in Rule 143, now it is in Rule 1.
Sec. 3. Cases governed. These Rules shall govern
the procedure to be observed in actions, civil or
criminal, and special proceedings.
x x x x x x
How come it mentions criminal cases and defines criminal actions
when it is supposed to be 1997 Rules on Civil Procedure?
NO, Rule 1 is the general provision for the entire Rules of Court. You
look at the title, These rules shall be known as the Rules of Court.
This is the common denominator from the first to the last Rule. Thats
why it says there special proceedings, civil cases and criminal
cases.
x x x x x
(a) 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.
A civil action may either be ordinary or special.
Both are governed by the rules for ordinary civil
actions, subject to the specific rules prescribed
for a special civil action.
x x x x x
What is an action?
An action is the legal and formal demand of ones right from another
person made and insisted upon in a court of justice. (Bouviers Law
Dictionary) One party prosecutes another for the enforcement or
protection of a right or the prevention or redress of a wrong.
Action and suit
In this jurisdiction, it is settled that the terms action and suit are
synonymous. (Lopez v. Compania de Seguros, 16 SCRA 855).
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What is a claim?
It is a right possessed by one against another. The moment said
claim is filed before a court, the claim is converted into an action or
suit.
Civil Action and Criminal Action
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] Rule 1). So the purpose of a civil suit is to enforce or
protect your right or to prevent or redress a wrong.
A criminal action is one by which the State prosecutes a person for
an act or omission punishable by law (Sec. 3[b] Rule 1)
It has been ruled that proceedings are to be regarded as criminal
when the purpose is primarily punishment, and civil when the purpose
is primarily compensatory (People vs. Godoy).
CLASSIFICATION OF CIVIL ACTIONS
1. As to NATURE (Section 3 [a])
a.) Ordinary Civil Actions
b.) Special Civil Actions
2. As to CAUSE or FOUNDATION:
a.) Real Actions
b.) Personal Actions
c.)Mixed Actions
3. As to PLACE OF FILING
a.) Local Actions
b.) Transitory Actions
4. As to OBJECT
a.) Action In Personam
b.) Action In Rem
c.)Action Quasi In Rem
I. CLASSIFICATION AS TO NATURE
ORDINARY CIVIL ACTIONS and SPECIAL CIVIL ACTIONS

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The special civil actions are governed by Rules 62 to 71. Any action
not among those mentioned is automatically ordinary.
What are the special civil actions?
Rules 62 to 71:
Interpleader,
Declaratory Relief,
Certiorari, Prohibition, Mandamus,
Quo Warranto,
Expropriation,
Foreclosure of Mortgage,
Partition,
Forcible Entry, Unlawful Detainer and
Contempt.
There is a new one Review of Final Decisions or Resolutions of the
COMELEC and COA under Rule 64, but actually it says there, it is
governed by Rule 65, which governs Certiorari.
Q: What is so important in distinguishing a special civil action from
an ordinary civil action?
A: What makes an action special is simply because of the fact that
there are some specific rules prescribed for them, which are not found
in other rules. But to say that the rules on ordinary civil actions do not
apply to special civil actions is false. The law is very clear. Both are
governed by the rules on ordinary civil actions subject to the specific
rules.
Therefore, in case of conflict between the specific rule governing a
particular type of civil action and the ordinary, then you follow the
specific provision. But if the rules on special civil actions are silent,
apply the ordinary rules.
Give an example of a case where in the absence of a special
provision in the rules on special civil actions the court had to apply the
rules on ordinary civil actions by analogy. The case of
AMBERTI vs. COURT OF APPEALS 195 SCRA 659 [1991]
FACTS: This case involved a petition for certiorari (special
civil action under Rule 65) and then before the respondent
could answer the petition, he withdrew the petition. Later on he
changed his mind and re-filed the petition. The question that
was asked by the SC is when you file a special civil action for
certiorari and then before the other party could answer you
withdraw it, is the withdrawal with or without prejudice? Can
you re-file it?
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There is no rule in Rule 65 answering that question so the SC

had to resort to the ordinary rules by analogy.
HELD: Certiorari is similar to appeal although it is not really
an appeal. And the SC looked at the law on appeal. What
happens when you perfect your appeal and then later on you
withdraw your appeal? What will happen to the order or
judgment? Rule 50 says that if you withdraw the appeal, the
judgment appealed from will now become final and executory.
Therefore, since it is now final and executory, you cannot
change it anymore.
Applying the foregoing rules in a supplementary manner (or
by analogy), upon the withdrawal of a petition in a special civil
action before the answer or comment thereto has been filed,
the case shall stand as though no appeal has been taken, so
that the judgment or order of the lower court being questioned
becomes immediately final and executory. Thus, a resolution
granting the withdrawal of such a petition is with prejudice and
petitioner is precluded from bringing a second action based on
the same subject matter.
Now, there are other classifications of civil actions, which are not
expressly stated in Section 3. The only one stated there is ordinary and
special.
II. CLASSIFICATION AS TO CAUSE OR FOUNDATION:
REAL, PERSONAL or MIXED ACTIONS
a. Real Action
A REAL ACTION is briefly described as an action where the issue or
the subject involved is title to, ownership, possession of or interest
over a real property like accion publiciana, forcible entry, unlawful
detainer, foreclosure of mortgage or real property, partition of real
property. (Sec. 1, R 4) (c.f. Section 19, BP 129 controversy relates to
real property)
It is founded on privity of real estate and filed in the court of the
place where the property or any part thereof is situated.
b. Personal action
All other actions or, when the issue is not one of those meaning, it
is founded on privity of contract, or on quasi-delict, such as actions for
a sum of money, or damages arising from breach of a contract, or for
the enforcement or resolution of a contract, or for recovery of personal
property, these are the PERSONAL ACTIONS. (Casilan vs. Tomassi, 90
Phil. 765; Cachero vs. Manila Yellow Taxicab, 101 Phil. 523; Bautista vs.
Piguing, L-10006, Oct. 31, 1957)
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It is filed in the court where the plaintiff or any of the defendants

resides, at the option of the plainitff.
c. Mixed Action
Some text writers give a third classification: the MIXED ACTIONS
where there is a mixture of real and personal actions. Mixed actions are
such as pertain in some degree to both real and personal and,
therefore, are properly reducible to neither of them, being brought for
the specific recovery of land and for damages sustained in respect of
such land. (Dela Cruz vs. Seminary of Manila, 18 P{hil. 330)
Like an action for recovery of a piece of land with damages it is a
mixed action. However, it is more of real rather than personal. If the
damage is only incidental, then it is more of a real action rather than a
personal action like the case of TACAY.
In a real action realty or an interest therein is the subject matter of
the action.
However, not every action involving a real property is a real action
because the realty may only be incidental to the subject matter of the
suit. To be a real action, it is not enough that the action must deal
with real property. It is important that the matter in litigation must also
involve any of the following issues: title to, ownership, possession,
partition, foreclosure of mortgage or any interest in real property.
Examples:
An action for damages to real property, while involving a real
property, does not involve any of the issues mentioned.
An action to recover possession of real property plus damages is a
real action because possession of the real property is involved. The
aspect of damages is merely an incidental part of the main action, i.e.,
recovery of possession of real property. However, an action to recover
possession of a personal property is a personal action.
Where the allegations as well as of the complaint do not claim
ownership of the lots in question or ask for possession of the same but
instead seeks for the execution of a deed of sale by the defendants in
favor of the plaintiff, the action is a personal action. (Adamos v. J. M.
Tuazon & Co., Inc. 25 SCRA 529)
An action for specific performance is a personal action as long as it
does not involve a claim of or recovery of ownership of real property.
(Siosoco v. CA, 303 SCRA 186 citing La Tondena Distillers v. Ponferrada,
264 SCRA 540)

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However, where a complaint is denominated as one of specific

performance but nonetheless prays for the issuance of a deed of sale
for a parcel of land for the plaintiff to acquire ownership of the land, its
primary objective and nature is one to recover the parcel of land itself
and thus, is deemed a real action. (Gochan v. Gochan, 372 SCRA 356)
If the action is denominated as one for specific performance, but the
plaintiff actually seeks for the issuance of a deed of assignment in his
favor of certain shares of stocks to regain ownership and possession of
said shares, the action is not one for specific performance but a
personal action for the recovery of property. The docket fee therefore,
should be computed based on the value of the property and not based
on the docket fee for specific performance (National Steel Corporation
vs. CA 302 SCRA 522).
Where it is alleged in the complaint that the defendant breached the
contract so that the plaintiff prays that the contract be rescinded and
that the defendant be ordered to return possession of the hacienda to
the plaintiff, the ultimate purpose or end of the action is to recover
possession of real property and not a mere breach of contract (De
Jesus vs. Coloso 1 SCRA 272)
Where the action to annul or rescind a sale of real property has as
its fundamental and prime objective the recovery of real property, the
action is real (Emergency Loan Pawnshop Inc. vs. CA 353 SCRA 89).
Where an award of a house and lot to the plaintiff was unilaterally
cancelled, an action that seeks to annul the cancellation of the award
over the said house and lot is a personal action. The action does not
involve title to ownership or possession of real property. The nature of
the action is one to compel the recognition of the validity of the
previous award by seeking a declaration that the cancellation is null
and void. (Hernandez v. DBP, 71 SCRA 290)
An action to foreclose a real estate mortgage is a real action, but an
action to compel the mortgagee to accept payment of the mortgage
debt and to release the mortgage is a personal action. (Hernandez v.
Rural Bank of Lucena, Inc. 81 SCRA 75)
An action to annul a contract of loan and its accessory real estate
mortgage is a personal action. In a personal action, the plaintiff seeks
the recovery of personal property, the enforcement of a contract or the
recovery of damages. In contrast, in a real action, the plaintiff seeks
the recovery of real property, or, as indicated in Section 2(a), Rule 4 of
the then Rules of Court, a real action is an action affecting title to real
property or for the recovery of possession, or for partition or
condemnation of, or foreclosure of mortgage on, real property (Chua
vs. Total Office Products and Services [Topros], Inc.,471 SCRA 500).
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Although the main relief sought in the action is the delivery of the
certificate of title, said relief, in turn depends upon who, between the
parties, has a better right to the lot in question. It is not possible for
the court to decide the main relief without passing upon the claim of
the parties with respect to the title to and possession of the lot in
question. The action is a real action (Espineli vs. Santiago 107 Phil
830).
Where the sale is fictitious, with absolutely no consideration, it
should be regarded as a non-existent contract. There being no contract
between the parties, there is nothing in truth to annul by action. The
action, therefore, cannot be an action for annulment but one for
recovery of a fishpond, a real action (Pascual vs. PASCUAL 73 Phil.
561).
Significance of the distinction
The distinction between a real action and a personal action is
important for the purpose of determining the venue of the
action. 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.
A real action is local, i.e., its venue depends upon the location of
the property involved in the location. Actions affecting title to or
possession of real property, or interest therein, 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)
A personal action is transitory,i.e., its venue depends upon the
residence of the plaintiff or the defendant at the option of the plaintiff.
A personal action may be commenced and tried 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 non-resident
defendant, where he may be found, at the election of the plaintiff.
(Sec. 2 Rule 4).
Hence, if the question involves the venue of an action, the analysis
will necessarily involve the following steps:
(a)
A determination whether the action is real or personal
(b)
An application of the rules on venue under Rules 4.
Thus, an action for a sum of money, instituted by a resident of Manila
against a resident of Quezon City, shall be filed either in Manila or
Quezon City at the election of the plaintiff because the action is
personal.
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An action to annul a sale of a land located in Baguio City where

recovery of ownership is essentially the material issue in the case,
must be filed in Baguio City. The action is a real action and must be
filed in the place where the property is situated regardless of the
residence of the parties (Emergency Loan Pawnshop Inc. vs. CA 353
SCRA 89).
III. CLASSIFICATION AS TO THE PLACE OF FILING:
LOCAL ACTIONS and TRANSITORY ACTIONS
A LOCAL ACTION is an action which can only be instituted in a
particular place.
Good examples of local actions are real actions. Real actions are also
automatically local actions. They can only be instituted in the place
where the property is situated. This is already provided by law (e.g.
accion publiciana, forcible entry, unlawful detainer can only be filed
where the land is situated.)
TRANSITORY ACTIONS are those which follow the party wherever he
may reside. (1 Am. Jur. 430) Personal actions are transitory its filing is
based on where the plaintiff or where the defendant resides at the
option or election of the plaintiff. It is based on the residence of the
parties.
IV. CLASSIFICATION AS TO OBJECT OR PURPOSE
ACTIONS IN PERSONAM, IN REM and QUASI IN REM
ACTIONS IN PERSONAM vs. ACTIONS IN REM
DefinitionIn personam action
If the technical object of the suit is to establish a claim
generally against some particular person/s, with a judgment
which, in theory, at least, binds his/their body/ies or to bar
some individual claim or objection, so that only certain persons
are entitled to be heard, the action is IN PERSONAM. (Grey Alba
vs. Dela Cruz, 17 Phil. 49; Sandejas vs. Robles, 81 Phil. 421) ACTION
IN PERSONAM is one where the purpose is to bind the parties or
where any judgment that the court will render in that case binds only
the parties to the action and their privies or their successors-ininterest.

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An example is an action for specific performance; action for breach

of contract
In rem action
But, if the object of the suit is to bar indifferently all who might
be minded to make an objection of any sort against the rights
sought to be established, and if anyone in the world has a
right to be heard on the strength of alleging facts which, if
true, show an inconsistent interest, the action is IN REM. (Grey
Alba vs. Dela Cruz, 17 Phil. 49; Sandejas vs. Robles, 81 Phil. 421)
ACTION IN REM is one where the purpose is to bind any and everyone
or where the judgment which the court will render in the case binds not
only the parties to the case but the whole world, then the action is in
rem.
An example is a probate proceeding, cadastral proceeding.
The purpose of a proceeding in personam is to impose
through the judgment of a court, some responsibility or
liability directly upon the person of the defendant (Domagas
vs. Jensen 448 SCRA 663)
Examples:
a.)
An action for sum of money;
b.)
An action for damages.
In an action in personam, no other than the defendant is sought to
be held liable, not the whole world.

To follow the language of the SC in the case of:

CHING vs. COURT OF APPEALS
181 SCRA 9
HELD: Actions in personam and actions in rem differ in that
the former are directed against specific persons and seek
personal judgments, while the latter are directed against the
thing or property or status of a person and seek judgments with
respect thereto as against the whole world.
A more recent case explains the distinction between an action in
personam and action in rem, as follows:
The rule is that: (1) a judgment in rem is binding upon the whole
world, such as a judgment in land registration case or probate of a
will; and (2) a judgment in personam is binding upon the parties and
their successorsininterest but not upon strangers. A judgment
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directing a party to deliver possession of a property to another is in

personam; it is binding only against the parties and their successorsin-interest by title subsequent to the commencement of the action.
An action for declaration of nullity of title and recovery of ownership
of real property, or reconveyance, is not an in rem action but it is an
action in personam, for it binds a particular individual only although
it concerns the right to a tangible thing. Any judgment therein is
binding only upon the parties properly impleaded.
Xxxx
The settled rule is that the aim and object of an action
determine its character. Whether a proceeding is in rem, or
in personam, or quasi in rem for that matter, is determined
by its nature and purpose, and by these only. Xxx The purpose
of a proceeding in personam is to impose, through the judgment of a
court, some responsibility or liability directly upon the person of the
defendant. Xxxxx An action in personam is said to be one, which has
for its object a judgment against the person, as distinguished from a
judgment against the property to determine its state. It has been
held that an action in personam is a proceeding to enforce personal
rights or obligations; such action is brought against the person. Xxxx
Actions for recovery of real property are in personam. (Munoz v.
Yabut, Jr., GR No. 142676, June 6, 2011).
Other examples:
In personam
An action for the Recovery of land or accion publiciana.
The case is filed by P against D and after trial the court rendered
judgment in favor of P ordering D to deliver the land to P. But here
comes X claiming the same property. Is X barred from making his claim
because the court, in the case of P vs. D already declared that P is
entitled to the property? Is X bound by that judgment?
A: NO, because X is not a party to that case. She cannot be bound
by a judgment where she is not a party. Hence, the action between P
and D is an action in personam.
Action in Rem
#1: Action for annulment of marriage or declaration of nullity of
marriage. Suppose the husband (H) files a case against his wife (W) to
annul their marriage. After trial, the court rendered judgment annulling
the marriage and it became final. So the parties are now both SINGLE.
H meets another girl, A, and courted her and proposed marriage.
Can A say the she I cannot marry H because I know you are married
and as far as I am concerned I am not bound by the judgment of
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annulment in the case between P and D because she was a not a party
therein? When the court ruled in the case between H and W that the
marriage is annulled is that judgment binding only on H and W, the
parties therein?
A: No it binds the whole world or anybody.
ILLUSTRATION #2: When an illegitimate child files a case against the
father, for compulsory recognition and got a favorable judgment
his/her status as a recognized child is not only binding on his/her father
but is binding on the whole world.
In personam v. personal action; in rem v. real action
Take note that an action in rem and in personam have often been
confused with the classification of real and personal action, that an
action in personam is also a personal action, or, when an action is in
rem it is also a real action.
It is wrong. The basis of the classification is different. An action could
be as to cause or basis a real action. As to object, it could be in
personam. In the same manner, it could be a personal action but an
action in rem.
ILLUSTRATION: E files a case against C to recover the possession of a
piece of land. It is a REAL action because the subject is possession or
ownership of real property. But because the purpose is to bind only E
and C it is also an action IN PERSONAM. It is a real action as to cause,
but as to object, it is in personam.
ILLUSTRATION: P filed a case to annul his marriage with his wife D. It
is a PERSONAL action because it does not involve title to, ownership
etc., of his real property. It is about status. But it is also IN REM
because the judgment therein is binding against the whole world.
An action for ejectment is a real action because it involves the issue
of possession of real property. It is also, however, an action in
personam because the action is directed against a particular person
who is sought to be held liable (Sec. 1 Rule 4; Domagas vs. Jensen 448
SCRA 663)
An action for delaration of nullity of a marriage is a personal action
(Tamano vs. Ortiz 291 SCRA 584; Romualdez-Licaros vs. Licaros 401
SCRA 762) because it is not founded on real estate. It is also in rem
action because the issue of the status of a person is one directed
against the whole world. Ones status is a matter that can be set up
against anyone in the world. On the other hand, an action for damages
is both a personal and in personam action.
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An action for specific performance is an action in personam (Jose vs.

Boyon 414 SCRA 217). An action for specific performance and/or
rescission is not an action in rem (Gomez vs. CA 425 SCRA 98).
A cadastral proceeding is an action in rem (In Re Estate of Johnson
39 Phil. 156).
A land registration proceeding is an action in rem. Hence, the failure
to give a personal notice to the owners or claimants of the land is not a
jurisdictional defect. It is the publication of such notice that brings in
the whole world as a party in the case and vests the court with
jurisdiction (Adez Realty Inc. vs. CA 212 SCRA 623; Ting vs. Heirs of
Diego Lirio 518 SCRA 263).
An action to recover real property is a real action. It is however, also
an action in personam for it binds only a particular individual (Republic
vs. CA 315 SCRA 600)
An action for reconveyance is an action in personam available to a
person whose property has been wrongfully registered under the
Torrens system in anothers name. Although the decree is recognized
as incontrovertible and no longer open to review, the registered owner
is not necessarily held free from liens. As a remedy, an action for
reconveyance is filed as an ordinary action in the ordinary courts of
justice and not with the land registration court. Reconveyance is
always available as long as the property has not passed to an innocent
third person for value. A notice of lis pendens may thus be annotated
on the certificate of title immediately upon the institution of the action
in court. The notice of lis pendens will avoid transfer to an innocent
third person for value and preserve the claim of the real owner (Munoz
v. Yabut, Jr. citing Heirs of Eugenio Lopez, Sr. v. Enriquez, 449 SCRA
173).
An action for injunction is a personal action as well as an action in
personam, not an action in rem or qusi in rem (Kawasaki Port Service
Corporation v. Amores, 199 SCRA 230, 237. Munoz v. Yabut Jr. also
ruled that a suit for injunction, partakes of an action in personam.
QUASI IN REM
Text writers gave a sort of third classification as to object. This is
called action quasi in rem. QUASI means almost. So, quasi in rem is
almost in rem. Actually, it is in personam but almost in rem.
Q: Define an action quasi in rem.

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A proceeding to subject the interest of a named defendant over a

particular property to an obligation or lien burdening it. Judgment is
binding upon particular persons.
An action quasi in rem is actually in personam because it is directed
only against a particular individual but the purpose of the proceeding is
to subject his property to the obligation or lien burdening it. The object
of the case is the sale or other disposition of property of the defendant
over which you have a right or lien over the property.
An action quasi in rem is one wherein an individual is named as
defendant and the purpose of the proceeding is to subject his interest
thereof to the obligation or lien burdening the property (Asiavest
Limited vs. CA 296 SCRA 539).
The object of an action quasi in rem is the sale or disposition of the
property whether by attachment, foreclosure or any other form of
remedy (Banco Espanol-Filipino vs. Palanca 37 Phil. 921).
Examples of actions quasi in rem:
(a)
Action for partition;
(b)
Action for accounting;
(c)
attachment;
(d)
foreclosure of mortgage (Banco Espanol Filipino vs. Palanca
37 Phil. 921; Sahagun vs. CA 198 SCRA 44).
Such actions are essentially for the purpose of affecting the
defendants interest in the property and not to render a judgment
against him (Valmonte vs. CA 252 SCRA 92);
ILLUSTRATION: An action to foreclose a mortgage is the best
example of a civil action quasi in rem because there is a defendant
(mortgagor) and the object of the case is to have the property
mortgaged sold or disposed of in order to satisfy the mortgage lien of
the mortgagee. It is in personam because it is directed only against the
person who mortgaged to you but once the property is foreclosed,
practically everybody has to respect it. Thats why it is called quasi in
rem.
Or, to borrow the language of the SC in simplifying the term quasi in
rem, quasi in rem means against the person in respect to the res,
against the mortgagor in respect to the thing mortgaged.
Importance of the distinction among in personam, in rem and
quasi-in-rem actionsIt determines whether the court must acquire jurisdiction over the
person of the defendant and thus determine the mode of serving
summons.
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In Gomez v. CA, 425 SCRA 98, 103, the Court declared:

To resolve whether there was a valid service of summons on
respondents, the nature of the action filed against them must first be
determined. As the Court explained xxx it will be helpful to determine
first whether the action is in personam, in rem or quasi in rem because
the rules on service of summons under Rule 14 of the Rules of Court of
the Philippines apply according to the nature of the action.
If the action is in personam the court must acquire jurisdiction over
the person of the defendant, thru personal service of summons.
Service of summons by publication is not allowed.
But if it is in rem jurisdiction over the person of the defendant is not
required hence service of summons by publication is sufficient.
Such is also true to quasi in rem action. What is important is that the
court acquires jurisdiction over the res.
In an action in personam, jurisdiction over the person of the
defendant is necessary for the court to validly try and decide the case.
In a proceeding in rem or quasi in rem, jurisdiction over the person of
the defendant is not a prerequisite to confer jurisdiction on the court
provided that the court acquires jurisdiction over the res. Jurisdiction
over the res is acquired either (1) by the seizure of the property under
legal process, whereby it is brought into actual custody of the law; or
(2) as a result of the institution of legal proceedings, in which the
power of the court is recognized and made effective.
Nonetheless, summons must be served upon the defendant not for
the purpose of vesting the court with jurisdiction but merely for
satisfying the due process requirements.
A resident defendant who does not voluntarily appear in court, must
be personally served with summons as provided under Sec. 6 Rule 14
of the Rules of Court. If she cannot be personally served with summons
within a reasonable time, substituted service may be effected (1) by
leaving copies of the summons at the defendants residence with some
person of suitable age and discretion then residing therein, or (2) by
leaving the copies at defendants office or regular place of business
with some competent person in charge thereof in accordance with Sec.
7 Rule 14 of the Rules of Court (Biaco v. Philippine Countryside Rural
Bank, 515 SCRA 106).
When summons by publication may be proper in an action in
personam(a)

In Sec. 14, Rule 14, if the identity of the defendant is unknown

or whose whereabouts are unknown, service may, with leave of
court, be effected upon him by publication in a newspaper of
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general circulation. Note the words in any action in said

Section 14. (Santos v. PNOC Exploration Corporation, 566 SCRA
272, 278).
In Sec. 16 of the same Rule 14, if the resident defendant is
temporarily out of the country, he may be served by
publication with leave of court.

(b)

While the phrase, summons by publication, does not appear in Sec.

16 the way it expressly appears in Sec. 14, the rule makes reference to
Sec. 15 of Rule 14 which allows summons by publication. Note also the
words, any action in Sec. 16 of Rule 14 making the rule applicable
even to actions in personam (Sec. 16, Rule 14 in relation to Sec. 15,
Rule 14, Rules of Court; Asiavest Limited v. CA, 296 SCRA 539).
CIVIL ACTIONS vs. SPECIAL PROCEEDINGS
Q: Define a special proceeding.
A: Rule 1, Section 3 [c]:
c) A special proceeding is a remedy by which a
party seeks to establish a status, a right, or a
particular fact. (2a, R2)
Special proceedings should not be confused with a civil action.
Special Proceedings are governed by Rules 72-109 of the Rules of
Court.
Distinguish a civil action from a special proceeding.
A: The following:
1.)

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, whereas,
A SPECIAL PROCEEDING is a remedy by which a party seeks to
establish a status, a right, or a particular fact;

2.)

In a civil action, there are two (2) definite and particular

adverse parties, the party who demands a right, called a
plaintiff, and the other whom the right is sought, called a
defendant, whereas,
In a SPECIAL PROCEEDING, while there is a definite party
petitioner, there is no definite adverse party as the
proceeding is usually considered to be against the whole
world;

3.)

A CIVIL ACTION requires the filing of formal pleadings,

whereas
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In a SPECIAL PROCEEDING, relief may be obtained by mere

application or petition;
4.)

The period to appeal in CIVIL ACTIONS is generally 15 days

and the requirement is the filing of a notice of appeal,
whereas
In SPECIAL PROCEEDINGS the period to appeal is 30 days and
aside from notice of appeal, the law requires the filing of a
record on appeal.

Of course the basic distinction is found in Section 3 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. Whereas, a special
proceeding is a remedy by which a party seeks to establish a status, a
right, or a particular fact.
The object of a civil action is to enforce or protect a right or to
prevent or redress a wrong. But the object of a special proceeding is
only to establish a status, a right or a particular fact.
If a creditor sues the debtor to collect an unpaid loan, is that a civil
action or a special proceeding? That is a civil action because the
creditor wants to enforce or protect his right to collect. The creditor is
compelling the debtor to pay. It is adversarial.
A good example of a special proceeding is a petition for ADOPTION.
It is a special proceeding because the purpose is to establish a status
of paternity and filiation between the adopter and adopted who may
not be related to each other.
What is adoption?
This is how an author describes it.
Adoption is one of the sacred mysteries of the law. It
concerns the making of a natural person as a legitimate child
of another person without the intervention of sex. A man
becomes a father of the child he did not sire. A woman
becomes the mother of a child she did not bear. It is through
the magic or fiction of the law that adopters become parents
of children unrelated to them by blood, or if related, the
relationship is one of illegitimacy.
So you can adopt your own illegitimate child for the purpose of
improving his status. So, when you file a petition for adoption, you are
not suing somebody to enforce or protect a right or prevent or redress
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a wrong. The purpose is to create a status of parent and child between

2 people who are not related to each other.
And when you file a petition for adoption, you are not filing a case
against anybody. The case is not a fight between two parties. There is
a petitioner, the one who files, but there is no definite defending party.
But it is directed against the whole world because once the adoption is
granted, then, as far as the whole world is concerned, they have to
respect the status of the adopted as a child of the adopter. It is in rem.
Generally, special proceedings are in rem.
But since it is directed against the whole world, anyone in the world
can come forward and oppose the petition, hence, publication is
required. There is no particular person as defendant but in reality,
anybody in the world can come forward and oppose it. That's the
difference between a special proceeding and a civil action.
Cases where these rules do not apply:
Sec. 4. In what cases not applicable. - These Rules
shall not apply to election cases, land
registration, cadastral, naturalization and
insolvency proceedings, and other cases not herein
provided for, except by analogy or in a suppletory
character and whenever practicable and convenient.
(R143a)
The Rules of Court do not apply to certain proceedings in court.
Q: What court proceedings where the Rules of Court are not
applicable?
A: Election cases, land registration cases, cadastral cases,
naturalization cases, insolvency proceedings, and other cases not
herein provided for except by analogy of for suppletory purposes.
In these cases, the Rules of Court are suppletory in character. In
case of conflict between election law and the Rules of Court, forget the
Rules of Court. But when the Election Code is silent, you apply the
Rules of Court by analogy or for suppletory purposes.
There are some election cases, which fall within the jurisdiction of
the courts, not necessarily COMELEC. For example, violation of election
code where the party may be adjudged to go to jail. That is a criminal
case. That is governed by the rules on criminal procedure. It is more on
imprisonment.
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Sec. 5. Commencement of an action. - A civil action is

commenced by the filing of the original complaint in
court. If an additional defendant is impleaded in a
later pleading, the action is commenced with regard to
him on the date of the filing of such later pleading,
irrespective of whether the motion for its admission,
if necessary, is denied by the court. (6a)
Q: When is a court action deemed commenced?
A: A civil action is commenced by the filing of the original complaint
in court. Of course this is not really complete. The filing of the original
complaint in court must be accompanied by the payment of the correct
docket fee. A complaint is not deemed filed until the docket fee is paid.
This is important to determine the exact date that the action has
commenced because it is from that moment that the running of the
prescriptive period is interrupted.
Civil actions are deemed commenced from the date of the filing and
docketing of the complaint, without taking into account the issuance
and service of summons (Cabrera vs. Tiano, GR No. L-17299, July 31,
1963).
If the complete amount of the docket fee is not paid, the prescriptive
period continues to run as the complaint is deemed not filed (Feria,
2001, p. 208)
An action can be commenced by filing the complaint by registered
mail, in which case, it is the date of mailing that is considered as the
date of filing and not the date of the receipt thereof by the clerk of
court.
The second sentence of Section 5 states that, If an additional
defendant is impleaded in a later pleading, the action is commenced
with regard to him on the date of the filing of such later pleading
Example: Today (November 19, 1997), I filed a complaint against A.
So, the action is commenced on Nov. 19, 1997. However next month,
say, December 19, if there is an additional defendant, the date of the
commencement of the action with regards to the additional defendant
is not the date when the original action is filed, but on the date when
he was included in the amended pleading.
In criminal actions there is a distinction between institution and
commencement of a criminal action because when a preliminary
investigation is required institution means the filing of a complaint
before a proper officer for the conduct of the same and only when
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probable cause is found that an information or complaint is filed in

court.
How do you interpret or construe the Rules of Court?
Sec. 6. Construction. - These Rules shall be
liberally construed in order to promote their
objective of securing a just, speedy and
inexpensive disposition of every action and
proceeding. (2a)
The purpose of Procedural Law is to hasten litigation. So you do not
interpret it to prolong a case. That is based on the principle of liberal
construction.
Cases should, as much as possible, be determined on the merits
after the parties have been given full opportunity to ventilate their
causes and defences, rather than on technicality or some procedural
imperfection. After all, technical rules of procedure are not ends in
themselves but are primarily devised to help in the proper and
expedient dispensation of justice. In appropriate cases, therefore, the
rules may be construed liberally in order to meet and advance the
cause of substantial justice (Land Bank vs. Celad, GR No. 164876, Jan.
23, 2006)
DE GUZMAN vs. SANDIGANBAYAN
256 SCRA 171, (en banc)
HELD: The Rules of Court was conceived and
promulgated to set forth guidelines in the dispensation of
justice but not to bind and chain the hand that dispenses it,
for otherwise, courts will be mere slaves to or robots of
technical rules, shorn of judicial discretion. That is precisely
why courts in rendering real justice have always been, as
they in fact ought to be, conscientiously guided by the norm
that when on the balance, technicalities take a backseat
against substantive rights, and not the other way around.
Truly then, technicalities, should give way to the realities of
the situation.
So, the purpose of procedure is to help the hand that dispenses
justice and not to tie these hands. Otherwise, the courts will become
mere robots. And, as much as possible, courts should avoid
technicalities to give way to the realities of the situation.
In one case, Lawsuits, unlike duels, are not to be won by a rapiers
thrust. (Alonzo vs. Villamor, 16 Phil. 315)
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Thats why the SC said in another case:

SANTOS vs. COURT OF APPEALS
198 SCRA 806
HELD: Procedural rules are not intended to hamper litigants
or complicate litigation but, indeed, to provide for a system
under which suitors may be heard in the correct form and
manner and at the prescribed time in a peaceful confrontation
before a judge whose authority they acknowledge. The other
alternative is the settlement of their conflict through the barrel
of a gun.
Meaning, the purpose of the rules is for people to fight each other in
a civilized way. If you cannot accept the judicial system, what is your
alternative? The only alternative is to shoot your opponent. We will
settle our conflict through the barrel of a gun.
For all its shortcomings and its defects, the judicial system is still the
civilized way of dealing with your opponent.
BAR QUESTION: When may lapses in the literal observance in the
Rules of Court be excused?
A: In the case of
ETHEL CASE, ET AL vs. FERNANDO JUGO, ET AL
77 Phil. 523
HELD: Lapses in the literal observance of a rule of procedure
will be overlooked:
1.)
when they do not involve public policy;
2.)
when they arose from an honest mistake or
unforeseen accident;
3.)
when they have not prejudiced the adverse
party; and
4.)
when they have not deprived the court of its
authority.
One final note, while it is true that the Rules of Court should be
liberally construed as a general rule, there are certain provisions which
according to the SC, should be strictly construed because they were
intended precisely to minimize delay. These are provisions on:
1. reglementary periods;
2.rule on forum shopping;
3.service of summons
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A good example would be provisions which prescribe the time during

which certain acts are going to be done, like the filing of an answer,
because if you will disregard this, it will promote more delay rather
than expedite litigations.
Another example is the filing of a notice of appeal. These are the
provisions which are to be strictly construed because while it is true
that the Rules of Procedure are to be liberally construed, it is not a
license to completely ignore these rules. Even the SC made the
warning. Like in the cases of
ANTONIO vs. COURT OF APPEALS
167 SCRA 127
HELD: It is the common practice of litigants who have no
excuse for not observing the procedural rules to minimize the
same as mere technicalities. Then they cry for due process.
These procedural rules are in fact intended to ensure an orderly
administration of justice precisely to guarantee the enjoyment
of substantive rights.
LIMPOT vs. COURT OF APPEALS
170 SCRA 367
HELD: Procedural rules are not to be belittled or dismissed
simply because their non-observance may have resulted in
prejudice to a party's substantive rights, as in this case. Like all
rules, they are required to be followed except only when for the
most persuasive of reasons they may be relaxed to relieve a
litigant of an injustice not commensurate with the degree of his
thoughtlessness in not complying with the procedure
prescribed. While it is true that a litigation is not a game of
technicalities, this does not mean that the Rules of Court may
be ignored at will and at random to the prejudice of the orderly
presentation and assessment of the issues and their just
resolution.
This reminds me of a lawyer who did not comply with the rules and
he was arguing that the rules should be liberally construed. And then
the judge says: There is a thin line between liberal construction of the
rules and gross ignorance of the rules! It is either you did not follow
the rules strictly or you do not really know the rules.
The power of the SC to promulgate rules concerning pleadings,
practice, and procedure includes the power to suspend the effectivity
of such rules to provide an exception from the operation of said rules.
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It is within the inherent power of the Supreme Court to suspend its own
rules in a particular case in order to do justice (De Guia vs. De Guia, GR
No. 135384, April 4, 2001).
Reasons which would warrant the suspension of the Rules:
1. the existence of special or compelling circumstances;
2.the merits of the case;
3.a cause not entirely attributable to the fault or negligence of a
party favored by the suspension of the rules;
4. a lack of any showing that the review sought is merely frivolous
and dilatory and
5. the other party will not be unjustly prejudiced thereby (Sarmiento
vs. Zaratan, GR No. 167471, Feb. 5, 2007)
Reviewer
A. Actions
1. Meaning of ordinary civil actions
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 (Rule 1, Sec. 3)
May either be ordinary (Rules 1-56) or special (Rules 62-71); both are governed by the
rules
for ordinary actions, subject to the specific rules prescribed for special civil actions.
2. Meaning of special civil actions
One by which a party sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong, but subject to specific rules. Examples: interpleader,
declaratory relief, certiorari, prohibition, mandamus, quo warranto, eminent domain,
foreclosure or mortgage, partition, forcible entry, unlawful detainer and contempt.
3. Meaning of criminal actions
One by which the State prosecutes a person for an act or omission punishable by law.
4. Civil actions versus Special proceedings
Special proceedings a remedy by which a party seeks to establish a status, a right
or a particular fact.
5. Personal actions and real actions [distinction important in determining venue]
Kinds of civil action (As to cause or foundation)
a. personal
Seeks the recovery of personal property, enforcement of a contract or the recovery of
damages.
Venue: place where defendant or any of defendants resides or may be found, or where
plaintiffs or any of plaintiffs resides, at the election of plaintiff.
Transitory may be filed in any place or places where parties may reside.
b. real
Seeks the recovery of real property, or an action affecting title to property or for recovery
of
possession, or for partition, or condemnation of, or foreclosure of mortgage on real
property.
Venue: province or city where property or any part
thereof lies.
Local may be filed in a fixed place, where property or any part thereof lies.
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6. Local and transitory actions

Local Action- One which is required by the Rules to be instituted in a particular place in
the absence of an agreement to the contrary. Ex. Real action.
Transitory- One the venue of which is dependent generally upon the residence of the
parties regardless of where the cause of action arose. Ex. Personal action.
7. Actions in rem, in personam and quasi in rem [distinction important in
service of summons]
Kinds of civil action (As to object)
a. in personam
Action against a person on the basis of his personal liability, or one affecting the parties
alone, not the whole world, and the judgment thereon is binding only against the parties
properly impleaded.
Exs. forcible entry or unlawful detainer, recover ownership of land, recover damages,
specific performance.
b. in rem
Action against the res or thing itself, instead of against the person.
A real action may at the same time be an action in personam and not necessarily an
action in rem.
In rem to determine title to land, and the object of the suit is to bar indifferently all
who
might be minded to make an objection against the right sought to be established. Seeks
judgment with respect thereto against the whole world.
In personam concerns only the right, title and interest of the parties to the land, not
the title of the land against the whole world.
Exs. probate proceeding, cadastral proceeding, action affecting personal status of
plaintiff (Rule 14, Sec. 15), insolvency proceeding, land registration proceeding (not
necessary to give personal notice to owners or claimants to vest court with jurisdiction publication of notice brings in the whole world as a party in the case and vests court with
jurisdiction to hear and decide the case).
Contrast: in personam (a) cases involving auction sale of land for collection of
delinquent taxes are in personam mere publication of notice not sufficient; (b) action to
redeem, recover title to or possession of real property (not an action against the whole
world).
c. quasi in rem
Differs from true action in rem individual is named as defendant, and purpose of
proceeding is to subject his interest therein to the obligation or lien burdening the
property.
Neither strictly in personam nor in rem but it is an action in personam where a res is
affected by the decision.
Exs. partition, accounting under Rule 69 actions essentially for the purpose of affecting
defendants interest in the property and not to render a judgment
against him (Valmonte vs.
CA, 252 SCRA 92 [1996])

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