REMEDIAL LAW REVIEW 1

Remedial law- is that branch of law which provides for the JURISDICTION of COURTS and the RULES
concerning (PLEADING, PRACTICE and PROCEDURE) before courts.

PRIMARY SOURCES

1. B.P Blg 129 (judiciary Reorganization Act of 1981)

2. The Rules of Court
3. Decisions of the SC
4. Circulars, Resolution and other administrative issuances of the SC
5. The constitution, particularly Art VIII of the constitution on the Judiciary

Q. May the congress repeal, alter, supplement rules concerning PLEADING, PRACTICE and
PROCEDURE?

ANS: No, because the power of the congress to R, A and S rules concerning PPP was taken away in the
1987 constitution.

Note: Thus, the SC has now the sole authority to promulgate rules concerning PPP in all courts.

Q. How are actions or proceedings classified?

ANS:

A. According to Subject Matter: B. According to Binding Effects:

1) Real Action 1) Action proceeding in rem
2) Personal Action 2) Action in personam
3) Action Quasi in rem

REAL ACTION

- Is one which AFFECTS title to or possession of real property or interest therein (S1 R4)

Examples:

1. Action to recover ownership or possession of land (Real property)

2. Foreclosure of real estate mortgage
(foreclosure is a legal process that allows lenders to recover the amount owed on a defaulted
loan by taking ownership of and selling the mortgaged property)
(Mortgaged – Pledge)
3. Partition
4. Ejectment
 REMEDIAL LAW REVIEW 1

PERSONAL ACTION

- Is one which DOES NOT AFFECT title or possession of real property or interest therein. (S2 R4)

EXAMPLES:

1. Action to recover ownership or possession of personal property.

2. Action for specific performance
3. Action for collection of sum of money

Q. What is the importance of distinguishing a REAL ACTION and a PERSONAL ACTION?

ANS: It is important for purposes of determining the VENUE of the ACTION and the Court having subject
matter jurisdiction thereof.

VENUE of REAL ACTION vs VENUE of PERSONAL ACTION

Venue of RA
Is the proper court which has jurisdiction over the
area wherein the REAL PROPERTY INVOLVED, or a
portion thereof is SITUATED.
Venue of PA
Lies in the place where the plaintiff or any of the
principal plaintiff RESIDES or where the
defendant or any principal defendant RESIDES at
the election of the plaintiff.

JURISDICTION over REAL ACTION vs JURISDICTION over PERSONAL ACTION

Jurisdiction of RA Jurisdiction of PA
Depends upon the ASSESED VALUE of the Real Depends upon the AMOUNT of the CLAIM or
Property involved DEMAND provided that if the subject of the
litigation is incapable of pecuniary estimation.

NOTE: Jurisdiction is vested in the RTC

B. ACCORDING TO BINDING EFFECT

1. ACTION IN REM

- An action or proceeding in rem is one which is NOT DIRECTED against a PARTICULAR PERSON
but on THE THINGS or RES itself. And which asks the court to make a DECLARATION of or to
DISPOSE of or DEAL with the res.
- The thing or res may be PERSONAL or REAL PROPERTY or it may be a STATUS, RIGHT or
PARTICULAR FACT.

EXAMPLES:

1. Application for original registration of a parcel of land.

2. Special proceedings, the object of which is to establish the res, i.e., SRP.
3. Petition for declaration of insolvency.
 REMEDIAL LAW REVIEW 1

4. Escheat proceedings
5. Petution for change of name

ACTION IN PERSONAM

- Is one which is directed against particular persons and seeks a RELIEF which would be binding
only upon such particular persons.

EXAMPLE:

1. Action for a sum of money or for specific performance.

ACTION QUASI IN REM

- One which is directed against particular persons but seeks to REACH and DISPOSE of or DEAL
with their property located in the Philippines.

NOTE: it is similar to an action in rem in that the purpose is to dispose of or deal with the property (res)
in the Philippines. HOWEVER, like an action in personam, it is brought against particular persons and the
judgement therein is binding only upon the parties.

EXAMPLES:

1. Judicial Foreclosure of mortgage

2. Action in personam in which property of the defendant has been attached. The attachment
converts the action to one quasi in rem.
3. Action for partition and accounting.
4. Action to quiet title and to remove cloud.

Q. Is an action of ejectment an action quasi in rem or in personam?

ANS: It is an action in personam since the action is binding only between the parties. It is submitted that
the action is one quasi in rem since the real object is to exclude the defendant form possessory interest
over the property and hence extraterritorial service may be availed of. Whether characterized as in
personam or quasi in rem, the judgement in an ejectment suit is binding only between the parties.

Q. is an action to recover title to or possession of real property an action I personam or an action

quasi in rem?

ANS: It is a real action but an action in personam

Q. what is the importance of distinguishing an ACTION in PERSONAM from an ACTION IN REM or

QUASI in REM.

ANS: Extraterritorial service under S17 R14 may be effected in actions in rem or quasi in rem BUT NOT
IN AN ACTION IN PERSONAM. On the other hand, S16 and S18 of R14 apply to ANY ACTION, including
ACTION IN PERSONAM.
 REMEDIAL LAW REVIEW 1

In PRELIMINARY ATTACHMENT, the requirement of prior or contemporaneous service of summons shall

not apply where the action is in rem or quasi in rem.

EXTRATERRITORIAL SERVICE OF SUMMONS:

a. By personal service out of the country LOC

b. By publication and sending a copy of the summons and order of the court by registered mail to
the defendants last known address or LOC.
c. Any other means the judge may consider sufficient

SUMMONS- writ by which the defendant is NOTIFIED of the action brought against him.

SERVICE OF SUMMONS- means by which the court acquires jurisdiction over his person.

JURISDICTION
- It may be understood in three senses:

1.SUBJECT-MATTER JURISDICTION- is the authority and power of the court to hear and determine cases
of general class to which the proceeding in question belongs.

Example: The jurisdiction of the RTC over cases where the subject if the litigations is incapable of
pecuniary estimation.