Mixed actions if

the purpose is to nullify the title of the property it is a real

action. The venue is where the property is located.

REVIEW RTC jurisdiction:

Incapable of pecuniary estimation
Real actions involving title to or possession of real property where the
assessed value exceeds 400,000

Remember: russel vs vestil and the exception roldan vs sps barrios

Specific performance to comply with obligations under the contract and

return possession of the leased premises.

Rescission is the cancellation of the contract which is the counterpart of

specific performance . cannot value it in terms of money. You are asking
the court to rescind or resolve the contract.

IT IS IMPORTANT TO KNOW WHAT TYPE OF ACTION IS FILED SO THAT

WE WILL KNOW HOW TO PROPERLY ACQUIRE JURISDICTION.

Ang real action/personal action kay mainly for venue purposes jud na
sya. Pero if mga in personam, in rem and quasi in rem kay based na sya
if need pa ma acquire ang jurisdiction over the person sa defendant

How to acquire jurisdiction in an action in personam?

Action in PERSONAM
Only the defendant is held liable and not the whole world.
Personal service is required which is by handing a copy of the summons
to the defendant in person.

Deficiency judgment are actions in personal.

Ex. Auction of a sale of land for the collection of delinquent taxes
because the purpose is to pay the debtwhich is a person action,
recovery of possession or reconveyance it is because you cannot do
anything about the property without the defendant performing an act.
Compared it to a foreclosure even if the defendant is not around it can
still proceed.

In reconvenyance or recovery of possession defendant needs to

perform an act to revert the property to plaintiff.

Action in REM (not only the thing or property but also the issue on the
status of a person is one directed against the whole world)

Action directed against the THING or PROPERTY or STATUS or a person

and seeks judgments as against the whole world.

Personal notice is not a requirement for jurisdiction only publication.

Why? Because there could be many claimants who are unknown.

Ex. Cadastral proceeding, adoption, land registration proceeding.

Probate of a will, declaration of nullify of marriage.

Action QUASI IN REM

Jurisdiction over the res to bind the person

This focuses on the status, ownership or liability of a particular
property.

The plaintiff is filing the action against the person for the property that
is subjected to lien or burden. The person will not be liable but because
he has an interest in the property the action is filed against him for the
property.
The OBJECT of an action quasi in rem is the sale or disposition of the
property through attachment, foreclosure or other remedies available.

An action is brought against the person to subject the property of such

person to his obligations or loans burdening such property.

An action quasi in rem affects the defendants interest in the property

and not to render judgement against the defendant.

Ex. Foreclosure, attachment, partition, accounting, cancellation of

entries (directed against specific persons) and quieting of title

Defendant in an action in rem and quasi in rem summons is still

necessary but not to confer jurisdiction to the court but for purposes of
satisfying due process.

Case: Bayot vs Bayot

A foreign judgment is only considered as a prima facile evidence which’s

is still subject to proof to the contrary if it is an action in personam.

When is an action in personam at the same time real action be BINDING

AGAINST A NON-PARTY in an ejectment suit (forcible entry / unlawful
detainer)?

General rule: only the parties to the case are bound by the suit

EXCEPTION: Case: Salandan vs Sps Mendez

1. Trespasser, squatter or agent fraudulently occupying the property

2. Guest or occupant with the permission of the defendant
3. Transferree pendente lite
4. Sublessee
 5. Co-lesse
6. Member of the family, relative, or privy of the defendant.

Examples of ordinary civil action

- An action for partition of the estate has no debts
- Petition for declaration of presumptive death for purposes of
remarriage.

Examples of special proceedings

- Special proceeding for the settlement of the estate (asking
partition) estate has debts.
- Petition for issuance of letters of administration , settlement, and
distribution of estate.
- Petition for declaration of presumptive death for purposes of
succession it is a special proceedings
- Petition for liquidation of an insolvent corporation.
- Proceedings under the ADR rules

WHEN ARE THE RULES OF COURT NOT APPLICABLE?

1. Naturalization

COMMENCEMENT OF AN ACTION

A civil action is commenced by the filing of the original complaint in

court which is when he pays the docket fees.

Determining jurisdiction of the court: total amount of the claims and

exclude the damages.

Commencement of an action : total amount of the claims and the

damages.
No payment of docket fees , court deemed not have acquired
jurisdiction.

Paying the proper docket fees vests the trail court with jurisdiction over
the subject matter or nature of the action.

Consequences if the DF are not paid:

1. Manchester Dev’t Corp. vs CA – not specifying in the prayer the
correct amount of docket fees will render the proceedings of the
court null and void.
- All complaints, petitions, answers and other pleadings should
specify in their prayer the amount of damages being prayed for IN
THE PLEADING and IN THE PRAYER which shall be the basis in the
assessement of the amount of docket fees to be paid. Failure to
do so trial court did not acquire jurisdiction over the case.
- Even the 2nd amendment did not rectify the case because there
were already insufficient docket fees paid in the original complaint
thus it was not duly filed in the first place. YOU CAN ONLY AMEND
when it exists.
2. Sun Insurance vs Asuncion guidelines
- The payment of the proper docket fees vests the trial court
jurisdiction over the subject matter or nature of the action.
- Where there is no payment of docket fee when the initiatory
pleading was filed , the court can still allow the payment of the fee
within a reasonable time but not beyond the prescriptive period.
Effect: even if the docket fees were paid subsequently the case
will be dismissed because it will be an affirmative defense that
the action has already prescribed
- If there was payment of proper docket fees and an appropriate
pleading was filed but the court awards a claim not specified in
the pleading or if specified, the same has been left for
determination
-
 - by the court, the additional filing fee therefor shall constitute a
lien on the judgment singlon sa clerk of court.
- REVIEW ON JURISDICTION OVER THE ISSUE:
a. Issues are determined through pleadings.
b. When the defendant denies the allegation in the complaint
then the court is vested with jurisdiction to try and the case.
c. If during the proceedings there is an additional issue not
pleaded originally it will be allowed as long as there is no
objection by the other party.
d. If there are additional damages because of the additional issues
and the court awarded higher damages hence the docket fees
paid became insufficient the court can still render judgment
based on that but the amount of docket fees will be deducted
form the judgment award of the court.

TACAY ET. AL. VS RTC-

- Real property and damages filed. Docket fees are assessed on the
value of the property and total amount of damages sought.
- If the fees for the filing of the real property is paid but the
amounts for damages are unspecified the action will not be
dismissed. Because the court acquired jurisdiction over the real
action because the fees were filed but as for the damages court
may expunge the claim for damage or give the party a reasonable
time for the amendment of complaints and pay the fees within
the prescriptive period.

AYALA CORP. VS MADAYAG

- Failure to state the amount of exemplary damages prayed for
suffers a material defect will result to expunge or allowed a
reasonable time to pay correct docket fees.
- Although there are damages where the determination is left to
the court it s
 !,hould still be specified in the complaint.

PROTON PILIPINAS CORP. ET. AL VS BANQUE NATIONALE DE PARIS

- Interest can only be determined after a final judgment hence
docket fees cannot be made to pay to the party yet. It will only be
paid after fina judgment which will constitute as alien on the
judgment.

It is important to know when the action commenced to determine

prescription or statute of limitation.

What can the defendant do? Raise an affirmative defense of

prescription.

If an additional defendant is impleaded, the prescription period is at the

time when that additional defendant was impleaded.

CAUSE OF ACTION- act or omission by which a party violates a right of

another.

Elements of a cause of action:

1. Right in favor of the plaintiff

2. Obligation on the part of the defendant to not violate such right.
3. Act or omission on the part of the defendant that violates the
right of the plaintiff.
4. Damage sustained.