b. Purpose in Relation to Actions In Personam, In Rem, and Quasi In Rem

ACTIONS IN REM, IN PERSONAM AND QUASI IN REM

The distinction is important to determine:

• Whether or not jurisdiction over the person of the defendant is required;
• The type of summons to be employed and how it is served;
• and Upon whom judgment is binding

F. Summons (Rule 14)

NATURE AND PURPOSE OF SUMMONS IN RELATION TO ACTIONS IN PERSONAM, IN REM, AND QUASI IN REM

Nature of Partition

It is an action quasi in rem. (Valmonte v. CA, G.R. No. 108538, 1996)

An action for partition implies that the property is still owned in common. (Mangahas v. Brobio, G.R. No. 183852, 2010)

In a complaint for partition, the plaintiff seeks, first, a declaration that he is a co-owner of the subject properties, and second, the conveyance of his lawful shares. (Heirs of Abalos v. Bucal, G.R. No. 156224, 2008)

Proof of legal acknowledgment as an heir is not a prerequisite before an action for partition may be filed. An action for partition is at once an action for declaration of co-ownership and for segregation and conveyance of a determined portion of the properties involved. If the defendant asserts exclusive title over the property, the action for partition should not be dismissed.

Rather, the court should resolve the case and if the plaintiff is unable to sustain his claimed status as a co-owner, the court should dismiss the action, not because the wrong remedy was availed of, but because no basis exists for requiring the defendant to submit to partition. If, on the other hand, the court after trial should find the existence of co-ownership among the parties, the court may and should order the partition of the properties in the same action. (Balo v. CA, G.R. 129704, 2005)

Quasi In Rem

• It is a proceeding, the purpose of which is to subject the interest of a named defendant over a particular property to an obligation or lien burdening it.
• Directed against particular persons.
• Jurisdiction over the person of the defendant is not required as long as jurisdiction over the res is acquired.
• Judgment is binding upon the particular persons.

An action quasi in rem is one wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property. (Biaco v. PH Countryside Rural Bank, G.R. No. 161417, 2007)

Note: An action in personam may be converted into an action in rem or quasi in rem, through attachment of the properties under Rule 57, Sec.

Examples: actions for partition and foreclosure of real estate mortgages.

SUMMONS IN ACTIONS IN REM AND QUASI IN REM

The purpose of the summons is to satisfy the constitutional requirement of due process. (Alba v. CA, G.R. No. 164041, 2005)

It is done NOT to acquire jurisdiction over the defendant; in actions in rem and quasi in rem, the court CAN acquire jurisdiction by acquiring jurisdiction over the RES (the thing).

In actions 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 court acquires jurisdiction over the RES, although summons must be served upon the defendant in order to satisfy the due process requirements. (Gomez v. CA, G.R. No. 127692, March 10, 2004)

Consolidation of Ownership

The action brought to consolidate ownership is not for the purpose of consolidating the ownership of the property in the person of the vendee or buyer but for the registration of the property. (Cruz v. Leis, G.R. No. 125233, 2000; New Civil Code, Art. 1607)