EMMANUEL P.

FERNANDEZ

Quiz #3 Civil Procedure

Atty. Kitem D. Kadatuan Jr.

WRITE TRUE if absolutely true OTHERWISE WRITE FALSE.

ANSWERS:

1. FALSE - The law provides that jurisdiction over the person of defendant in civil cases
may be acquired either by his voluntary appearance in court and his submission to its
authority or by service of summons.
2. TRUE – Pursuant to P.D. No. 902 A, the Regional Trial Courts and was designated to
Special Commercial Court that can handle both regular cases and commercial cases
3. TRUE – pursuant to BP129 as amended, RTC shall exercise exclusive original jurisdiction
in all civil actions which involve the title to, or possession to, real property, or any
interest therein, where the assessed value of the property exceeds P20,000, or for civil
actions in Metro Manila, where such value exceeds P50,000, except actions for forcible
entry into and unlawful detainer of lands or buildings, original jurisdiction over which
is conferred upon the MTC, MCTC, MMTC.
4. TRUE - It is fundamental that jurisdiction is conferred by law and not subject to
stipulation of the parties. Hence, following the rule that the law is deemed written into
every contract, stipulation should not be construed as a stipulation on jurisdiction but
rather, one which merely limits venue.
5. FALSE - Where the action is in personam and the defendant is in the Philippines, as in
this case, the service of summons may be donce by personal or substituted service as
laid out in Sections 6 and 7 of Rule 14. Indeed, the preferred mode of service of
summons is personal service.7 To warrant the substituted service of the summons and
copy of the complaint, (or, as in this case, the petition for annulment of judgment), the
serving officer must first attempt to effect the same upon the defendant in person. Only
after the attempt at personal service has become impossible within a reasonable time
may the officer resort to substituted service. (Frias Vs Alcayde G.R. No. 194626,
February 28, 2018)
6. FALSE - Quasi in rem actions are actions involving the status of a property over which a
party has interest. Quasi in rem actions are not binding upon the whole world. They
affect only the interests of the particular parties. (De Pedro vs Romasan Development
G.R. No. 19475, November 26, 2014)
7. FALSE – Under Section 20, Rule14 of the Rules of Court it clearly states that the defendant’s
voluntary appearance in the action shall be equivalent to service of summons. The inclusion
in a motion to dismiss of other grounds aside from lack of jurisdiction over the person shall
not be deemed a voluntary appearance.
8. TRUE – Pursuant to the ruling of San Pedro,  vs. Ong G.R. no. 177598 ,October 17, 2008, the
court held that in case of in actions 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, although summons must be served upon the
defendant in order to satisfy the due process requirements.
9. TRUE - A real action is one in which the plaintiff seeks the recovery of real property; or,
as indicated in what is now Section 1, Rule 4 of the Rules of Court, a real action is an
 action affecting title to or recovery of possession of real property. Hence, a real action
may at the same time be an action in personam and not necessarily an action in rem.
10. TRUE - An action in personam is an action against a person on the basis of his personal
liability, while an action in rem is an action against the thing itself, instead of against the
person. Hence, a real action may at the same time be an action in personam and not
necessarily an action in rem.