a. Judgments In Rem and Quasi In Rem

Judgments In Rem and Quasi In Rem

Concept

A judgment in rem determines the status of a person or the condition of a thing and is binding against the whole world. A judgment quasi in rem determines the interests of particular persons in property brought under the court’s authority; it binds only those persons and their successors in interest. The distinction concerns the reach of the judgment, not merely the name given to the action. (Rules of Court, Rule 39, Section 47)

Governing provisions

Rule 39 governs the effect of judgments or final orders. Its provision on the effect of judgments identifies determinations that are conclusive as to a thing, a person’s status, or a legal relationship, and separately addresses judgments concerning title to property as between parties and their successors. (Rule 39, Rules of Court)¹ (Rules of Court, Rule 39, Section 47)

Requisites / Rules

• For a judgment in rem, the court must have jurisdiction over the subject matter or res, and the notice required by the applicable procedural rule must be given. Personal jurisdiction over every person who may be affected is not required. (Rules of Court, Rule 14)
• For a judgment quasi in rem, the property must be brought under the court’s authority, and affected persons must receive the notice required by the Rules. The judgment determines their interests in that property; it does not, without jurisdiction over the person, impose a general personal liability. (Rules of Court, Rule 14)
• The label in rem does not dispense with due process. Determine who must be notified from the nature of the proceeding and the governing rule. (1987 Constitution, Article III, Section 1) (Rules of Court, Rule 14)

Distinctions

• In rem: the proceeding principally concerns status or a thing, and the resulting determination is conclusive generally. Probate and proceedings determining civil status illustrate this category. (Rules of Court, Rule 39, Section 47)
• Quasi in rem: the proceeding principally concerns identified persons’ interests in identified property. Its effect is limited to those interests and persons bound by the proceeding. (Rules of Court, Rule 39, Section 47)
• In personam: the action seeks a personal obligation against a defendant. Unlike an action founded on jurisdiction over property, it ordinarily requires jurisdiction over that defendant’s person before a personal judgment may be rendered. (Rules of Court, Rule 14)

Key doctrines

The judgment’s reach must not be confused with its enforceability. As a general rule, execution issues as a matter of right on motion after the period to appeal expires without a perfected appeal, or after an appeal is finally resolved. That rule applies to execution; it does not turn a judgment binding only particular persons into one binding everyone. (Rule 39, Sec. 1, Rules of Court)² (Rules of Court, Rule 39, Section 47)

Bar tip

Ask three questions in order: What is the action directed against—status, property, or a person? How was jurisdiction acquired and notice given? Who is bound by the judgment? (Rules of Court, Rule 14) (Rules of Court, Rule 39, Section 47)