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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the case of Bobie Rose D. V. Frias, as represented by Marie Regine F. Fujitra vs. Rolando F. Alcayde, February 28, 2018, G.R. No. 194262, the Supreme Court discussed thoroughly the differences among action in personam, in rem, and quasi-in rem.
An action for collection of sum of money and damages; action for unlawful detainer or forcibly entry; action for specific performance; action to enforce a foreign judgment in a complaint for a breach of contract are examples of actions in personam.
An action in personam is a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court, some responsibility or liability directly upon the person of the defendant. This type of action demands that the defendant specifically perform some act or actions to fasten a pecuniary liability on him. The following are some of the examples of actions in personam.
Petitions directed against the “thing” itself or the res which concerns the status of a person, like a petition for adoption, correction of entries in the birth certificate; or annulment of marriage; nullity of marriage; petition to establish illegitimate filiation; registration of land under the Torres system; and forfeiture proceedings are examples of actions in rem.
An action in rem is an action against the thing itself. It is binding upon the whole world. The phrase, “against the thing,” to describe in rem actions is a metaphor. It is not the “thing” that is the party to an in rem action; only legal or natural persons may be parties even in in rem actions.
Suits to quiet title; actions for foreclosure; and attachment proceedings are examples of actions quasi in rem.
An action quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed. In an action quasi in rem, an individual is named as defendant and the purpose of the proceeding is to subject his interests therein to the obligation or loan burdening the property. In an action quasi in rem, an individual is named as defendant. But, unlike suits in rem, a quasi in rem judgment is conclusive only between the parties.
In which action is jurisdiction over the parties required?
Jurisdiction over the person or parties is required in actions in personam because they seek to impose personal responsibility or liability upon a person. In other words, in actions in personam, the judgment is for or against a person directly.
On the other hand, jurisdiction over the person of the defendant is not required in actions in rem to confer jurisdiction on the court, provided that the latter has jurisdiction over the res.
“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 latter has jurisdiction over the res. Jurisdiction over the res is acquired either (a) by the seizure of the property under legal process, whereby it is brought into actual custody of the law; or (b) as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective.”
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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