(B)

ACTION IN ACTION IN ACTION

REM PERSONAM QUASI IN REM
(D)
Directed Directed Directed
against the against against LOCAL ACTION TRANSITORY
thing itself particular particular ACTION
persons persons
Must be brought in a Generally, must be
Judgment is Judgment is Judgment particular place, in brought where the
binding on the binding only binding upon the absence of an party resides
whole world upon parties particular agreement to the regardless of where
impleaded or persons, but
contrary the cause of action
their the real motive
successors in is to deal with arose
interest real property
or to subject Ex. Action to recover Ex. Action to recover
said property real property sum of money
to certain RELIEF REMEDY SUBJECT
claims. MATTER
Ex. Land Ex. action to Ex. Unlawful the redress, the the thing,
registration recover detainer or protection, procedure or wrongful act,
case; probate damages; forcible entry; award or type of contract or
proceedings action for judicial coercive action which property which
for allowance breach of foreclosure of measure which may be is
of a will. contract mortgage. the plaintiff availed of by directly
prays the court the plaintiff involved in the
(C) to render in his as the means action,
REAL PERSONAL MIXED favor as a to obtain the concerning
ACTION ACTION ACTION consequence of desired which the
personal property Both real the delict relief wrong has
Ownership or is and committed by been done and
possession of sought to be personal the defendant with respect
real property recovered or properties to which the
is where are controversy
damages for has arisen.
involved breach involved
of contract are
sought
Founded on Founded on privity Founded on
privity of of contract both
estate
Ex. Action for a SPLITTING OF JOINDER OF
ex. Accion sum ex. Accion CAUSE OF ACTION CAUSES OF ACTION
reinvidicatoria of money publiciana
with a claim There is a single cause Contemplates several
for damages
of action causes of action
ACTION CLAIM PROHIBITED. Causes ENCOURAGED.
multiplicity of suits Minimizes multiplicity
An ordinary suit in a A right possessed by
and double vexation of suits and
court of justice one against another
on the part of the inconvenience on the
defendant parties
One party prosecutes The moment said
another for the claim is filed before a
enforcement or court, the claim is Class Suit Permissive Joinder
protection of a right converted into an of Parties
or the prevention or action or suit. There is one single There are multiple
redress of a wrong. cause of action causes of action
pertaining to separately belonging
CLASSIFICATION OF ACTIONS. numerous persons to several persons.
(A)
ORDINARY CIVIL SPECIAL CIVIL VENUE JURISDICTION
ACTION ACTION
Place where the action Power of the court to
Governed by ordinary Also governed by is instituted hear and decide a case
rules ordinary rules but
SUBJECT to specific
May be waived Jurisdiction over the
Formal demand of rules prescribed (Rules
subject matter and
one’s legal rights in a 62 to 71).
over the nature of the
court of justice in the Special features not action is conferred by
manner prescribed by law and cannot be
law or court found in ordinary civil waived
actions Procedural Substantive
May be changed by the Cannot be the subject
written agreement of of the agreement of
the parties the parties
DOCTRINE OF ANCILLARY JURISDICTION In an
original action before the RTC, the counterclaim
may be considered compulsory regardless of the
amount (Sec. 7, Rule 6 ).
If a counterclaim is filed in the MTC in excess of its
jurisdictional amount, the excess is considered
waived (Agustin vs. Bacalan ). In Calo vs. Ajax Int’l,
the remedy where a counterclaim is beyond the
jurisdiction of the
MTC is to set off the claims and file a separate
action to collect the balance
Section 8. Cross-claim CROSS-CLAIM –
any claim by one party against a co-
party arising out of the transaction or
occurrence that is the subject matter
either of the original action or
counterclaim.
If it is not set up in the action, it is
barred, except:
1. when it is outside the jurisdiction of
the court or;
2. if the court cannot acquire
jurisdiction over third parties whose
presence is necessary for the
adjudication of said cross-claim.
 COMPULSORY PERMISSIVE
COUNTERCLAIM COUNTERCLAIM

One which arises out It does not arise out of

of or is necessarily nor is it necessarily
connected with the connected with the
transaction or subject matter of the
occurrence that is the opposing party’s
subject matter of the claim.
opposing party’s
claim.

It does not require for It may require for its

its adjudication the adjudication the
presence of third presence of third
parties of whom the parties over whom the
court cannot acquire court cannot acquire
jurisdiction. jurisdiction.

It is barred if not set It is NOT barred even

up in the action. if not set up in the
action.

Need not be Must be answered,

answered; no default. otherwise, the
defendant can be
declared in default.

GENERAL RULE: A compulsory counterclaim not set up in the answer is deemed barred.

EXCEPTION: If it is an after-acquired counterclaim, that is, such claim matured after filing of
the answer. In this case, it may be pleaded by filing an amended answer or a supplemental
answer or pleading.