3. In Rem, In Personam, and Quasi In Rem

B. Kinds of Action

• Ordinary and Special
• Personal and Real
• Action in personam, in rem, quasi in rem

In Rem

• A proceeding to determine the state or condition of a thing.
• Directed against the thing itself.
• Jurisdiction over the person of the defendant is not required; Only jurisdiction over the res/thing is required.
• Judgment is binding on the whole world.

An action in rem is an action against the thing itself, instead of against the person. (Regner v. Logarta, G.R. No. 168747, 2007)

Examples: probate and cadastral proceedings.

In Personam

• An action to impose a responsibility or liability upon a person directly.
• Directed against a particular person.
• Jurisdiction over the person of the defendant is required.
• Judgment is binding only upon the parties impleaded or their successors in interest.

An action in personam is brought against a person on the basis of personal liability. (Regner v. Logarta, G.R. No. 168747, 2007)

Examples: actions for specific performance and actions for breach of contract.

Non-resident Defendant

General Rule: non resident --- depends on whether individual or corporation, and whether in rem or in personam, and whether doing business or not in the PH)