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In Personam

In personam proceedings enforce personal rights and obligations against a defendant based on the court's jurisdiction over the person. The purpose is to impose liability directly on the defendant. In rem proceedings determine the status of a particular property and are binding only on the parties involved. Quasi in rem proceedings name an individual defendant but the purpose is to subject their interest in a property to a claim or obligation burdening the property. The judgment only affects the rights of the parties in the case. Examples given include foreclosure, attachment of property, and actions regarding title to land.

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979 views2 pages

In Personam

In personam proceedings enforce personal rights and obligations against a defendant based on the court's jurisdiction over the person. The purpose is to impose liability directly on the defendant. In rem proceedings determine the status of a particular property and are binding only on the parties involved. Quasi in rem proceedings name an individual defendant but the purpose is to subject their interest in a property to a claim or obligation burdening the property. The judgment only affects the rights of the parties in the case. Examples given include foreclosure, attachment of property, and actions regarding title to land.

Uploaded by

marie deniega
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Petitions for Legal Actions: Lists various legal petitions concerning contracts and property actions, with a focus on process and application.
  • Legal Action Types: Describes different types of legal actions (in personam, in rem, quasi in rem) involving proceedings against persons and property.
  • Additional Legal Petitions: Expands on additional petitions such as mandamus, addressing interference in corporate and municipal domains, and reliefs sought.

in personam In rem Quasi in rem

A proceeding in personam is a In an action quasi in rem, an


proceeding to enforce personal individual is named a defendant
rights and obligations brought and the purpose of the
against the person and is based proceeding is to subject his
on the jurisdiction of the person, interests to the obligation or
although it may involve his right loan burdening the
to, or the exercise of ownership property. Actions quasi in
of, specific property, or seek to remdeal with the status,
compel him to control or dispose ownership or liability of a
of it in accordance with the particular property but which are
mandate of the court. The intended to operate on these
purpose of a proceeding in questions only as between the
personam is to impose, through particular parties to the
the judgment of a court, some proceedings and not to ascertain
responsibility or liability directly or cut off the rights or interests
upon the person of the of all possible claimants. The
defendant. judgment therein is binding only
upon the parties who joined in
the action
action for reconveyance action for partition, action for A judicial foreclosure proceeding
(available to a person whose accounting, attachment, is an action quasi in rem
property has been wrongfully foreclosure of mortgage.
registered under the Torrens attachment
system in anothers name.)
An action for annulment of
certificate of title is quasi in rem.
It is not an action "against a
person on the basis of his
personal liability,"94 but an
action that subjects a persons
interest over a property to a
burden
Action for breach of contract expropriation partition
Interpleader Petition for declaration of Foreclosure of chattel mortgage
absolute nullity of void
marriages and annulment of
voidable marriages
Recovery of sum of money Petition for legal separation
Action for recission of contract Petition for change of name
Forcible entry Land registration proceeding Quieting of title
Unlawful detainer Probate of will
Petition for indirect contempt
Petition for relief from judgment
or order
Petition for certiorari
Petition for Prohibition
Petition for Mandamus
Complaints filed under the
Interim Rules of Procedure on
Intra-Corporate Controversies,
as well as the Answer thereto
Election protests or petitions for
quo warranto relating to elective
municipal and barangay officials
filed with the general courts
Actions for recovery of real
property are in personam.
injunction
Replevin
Support
Damages

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