Directed Against Particular Persons Judgment Is Binding Only Upon Parties Impleaded or Their Successors in Interest

(B)
ACTION IN ACTION IN ACTION

REM PERSONAM QUASI IN REM
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against the against against
thing itself particular particular
persons persons
Judgment is Judgment is Judgment

binding on the binding only binding upon
whole world upon parties particular
impleaded or persons, but
their the real motive
successors in is to deal with
interest real property
or to subject
said property
to certain
claims.
Ex. Land Ex. action to Ex. Unlawful
registration recover detainer or
case; probate damages; forcible entry;
proceedings action for judicial
for allowance breach of foreclosure of
of a will. contract mortgage.
(C)
REAL PERSONAL MIXED
ACTION ACTION ACTION
personal property Both real
Ownership or is and
possession of sought to be personal
real property recovered or properties
is where are
damages for
involved breach involved
of contract are
sought
Founded on Founded on privity Founded on
privity of of contract both
estate
Ex. Action for a
ex. Accion sum ex. Accion
reinvidicatoria of money publiciana
with a claim
for damages
ACTION CLAIM
An ordinary suit in a A right possessed by

court of justice one against another
One party prosecutes The moment said

another for the claim is filed before a
enforcement or court, the claim is
protection of a right converted into an
or the prevention or action or suit.
redress of a wrong.
CLASSIFICATION OF ACTIONS.
(A)
ORDINARY CIVIL SPECIAL CIVIL
ACTION ACTION
Governed by ordinary Also governed by

rules ordinary rules but
SUBJECT to specific
rules prescribed (Rules
62 to 71).
Formal demand of Special features not

one’s legal rights in a found in ordinary civil
court of justice in the actions
manner prescribed by
Note:
Ejectment or accion interdictal takes on two forms: forcible entry and unlawful detainer. The remedies for forcible entry and unlawful detainer
are laid down in Section 1, Rule 70 of the Rules of Court, which states:
Section 1. Who may institute proceedings, and when.-Subject to the provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the
possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any
contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within
one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person
or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such
possession, together with damages and costs.
the distinction between forcible entry and unlawful detainer had been clearly explained:
Forcible entry and unlawful detainer cases are two distinct actions defined in Section 1, Rule 70 of the Rules of Court.
In forcible entry, one is deprived of physical possession of land or building by means of force, intimidation, threat, strategy, or stealth.
In unlawful detainer, one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession under any
contract, express or implied.
In forcible entry, the possession is illegal from the beginning and the basic inquiry centers on who has the prior possession de facto.
In unlawful detainer, the possession was originally lawful but became unlawful by the expiration or termination of the right to possess, hence the
issue of rightful possession is decisive for, in such action, the defendant is in actual possession and the plaintiff's cause of action is the
termination of the defendant's right to continue in possession.
What determines the cause of action is the nature of defendant's entry into the land. If the entry is illegal, then the action which may be filed
against the intruder within one (1) year therefrom is forcible entry. If, on the other hand, the entry is legal but the possession thereafter became
illegal, the case is one of unlawful detainer which must be filed within one (1) year from the date of the last demand.
Accion Reinvidicatoria

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(B)

ACTION IN ACTION IN ACTION

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Judgment is Judgment is Judgment

An ordinary suit in a A right possessed by

One party prosecutes The moment said

Governed by ordinary Also governed by

Formal demand of Special features not

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