ACTIONS:
1. Meaning of Ordinary Civil Actions:
Civil Action: A party sues another for the enforcement or protection of a right or
prevention or redress od a wrong
May be ordinary civil action or special civil action
Both are governed by the rules for ordinary civil action
Subject to specific rules prescribed for special civil actions
2. Meaning of Special Civil Actions:
Subject to specific rules
Includes:
Interpleader
Declaratory Relief
Review of judgments or final orders of COA and COMELEC
Petition for Certiorari, Prohibition and Mandamus
Quo Warranto
Expropriation
Foreclosure of Real Estate Mortgage
Partition
Forcible Entry and Unlawful detainer
Contempt
3. Meaning of Criminal Actions:
The State prosecutes a person for an act or omission punishable by law
4. Civil Actions vs. Special Proceedings:
Civil Action: Purpose of which is to enforce or protect a right or to prevent or for
redress of a wrong
Special Proceedings: Purpose is to establish a particular fact, right or status
5. Real Action and Personal Action:
Real Actions: When the action affects title to, possession of or any interest in real
property. Any other action is personal action
Main action involves title to or possession of real property or any interest therein
(The ultimate purpose or objective involves title to or possession of real property or
any interest therein: REAL ACTION)
6. Local and transitory actions:
a. Local Actions: The venue depends upon the location of the real property subject
of the litigation
Actions involving title to or possession of real property or any interest
therein shall be commenced and tried in the court having jurisdiction of the
area where the real property or part thereof is situated
b. Transitory action: The venue of the action depends on where the P or the D
resides, at the election of the P
7. Actions in personam, in rem and quasi in rem:
ACTION IN PERSONAM ACTION IN REM ACTION QUASI IN REM
Imposes a liability or Directed against the thing Names a person as a
obligation upon the person itself defendant to subject that
of the defendant person’s interest in a
property to a corresponding
lien or obligation
Purpose: To affect the
defendant’s interest in a
property and not to render
a judgment against him
Requires jurisdiction over Jurisdiction over the person Jurisdiction over the person
the person of the defendant of the defendant is not of the defendant is not
for the court to validly try required as long as required as long as
and decide the case jurisdiction over the res is jurisdiction over the res is
acquired either by seizure acquired either by seizure
Jurisdiction is acquired of the property by legal of the property by legal
either by personal or processes by which it is processes by which it is
substituted service of brought under custody of brought under custody of
summons or upon the the law or institution of the law or institution of
voluntary appearance of the legal proceedings where the legal proceedings where the
D which is equivalent to the powers of the court are powers of the court are
service of summons recognized and made recognized and made
effective effective
Summons is served upon Summons is served upon
the last known address of the last known address of
the D only for the purpose the D only for the purpose
of satisfying due process of satisfying due process
requirements requirements
Binding upon the parties Binding upon the whole
and their successors in world
interest
If the action is in personam
and against a non-resident
defendant:
Jurisdiction over the person
of the D is required for the
court to validly try the case
Summons by publication
will not enable the court to
validly try the case against
the D