Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure

A. Classification of Actions

ACTIONS CAPABLE AND INCAPABLE OF PECUNIARY ESTIMATION

How Determination is Made

To determine if the subject matter of an action is one capable of pecuniary estimation, it is necessary to ascertain the nature of the principal action or remedy sought. (Genesis Investment v. Heirs of Ebarasabal, G.R. No. 181622, 2013)

Capable of Pecuniary Estimation

If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation. (Id.)

Example: action for a sum of money

Incapable of Pecuniary Estimation

If the principal action sought is something other than the recovery of a sum of money or the money claim is merely incidental to the principal relief sought, the action is incapable of pecuniary estimation. (Id.)

Example: specific performance, support, or foreclosure of mortgage, or annulment of judgment

Authorities