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    Jurisdiction How Acquired - Service of Summons

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    Vikki Amorio
    The document discusses three types of actions - in personam, in rem, and quasi in rem. An action in personam is against a person based on their personal liability. An action in rem is against a thing or property itself rather than a person. A quasi in rem action names an individual as a defendant but the purpose is to subject their interest in a property to an obligation on the property. Jurisdiction in in rem and quasi in rem actions is based on jurisdiction over the property rather than personal jurisdiction over the defendant. Service can be made through personal service, substituted service, or publication depending on whether the defendant is within or outside the jurisdiction.

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    Jurisdiction How Acquired - Service of Summons

    Uploaded by

    Vikki Amorio
    211 views2 pages
    The document discusses three types of actions - in personam, in rem, and quasi in rem. An action in personam is against a person based on their personal liability. An action in rem is against a thing or property itself rather than a person. A quasi in rem action names an individual as a defendant but the purpose is to subject their interest in a property to an obligation on the property. Jurisdiction in in rem and quasi in rem actions is based on jurisdiction over the property rather than personal jurisdiction over the defendant. Service can be made through personal service, substituted service, or publication depending on whether the defendant is within or outside the jurisdiction.

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    JURISDICTION HOW ACQUIRED - SERVICE OF SUMMONS

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    The document discusses three types of actions - in personam, in rem, and quasi in rem. An action in personam is against a person based on their personal liability. An action in rem is against a thing or property itself rather than a person. A quasi in rem action names an individual as a defendant but the purpose is to subject their interest in a property to an obligation on the property. Jurisdiction in in rem and quasi in rem actions is based on jurisdiction over the property rather than personal jurisdiction over the defendant. Service can be made through personal service, substituted service, or publication depending on whether the defendant is within or outside the jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    211 views2 pages

    Jurisdiction How Acquired - Service of Summons

    Uploaded by

    Vikki Amorio
    The document discusses three types of actions - in personam, in rem, and quasi in rem. An action in personam is against a person based on their personal liability. An action in rem is against a thing or property itself rather than a person. A quasi in rem action names an individual as a defendant but the purpose is to subject their interest in a property to an obligation on the property. Jurisdiction in in rem and quasi in rem actions is based on jurisdiction over the property rather than personal jurisdiction over the defendant. Service can be made through personal service, substituted service, or publication depending on whether the defendant is within or outside the jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Actions in personam is an action against a person on the Action in rem is an action against the thing itself, instead of Quasi

    of Quasi in rem is an action where an individual is named as


    basis of his personal liability against the person. defendant and the purpose of the proceeding is to subject his
    interests therein to the obligation or loan burdening the
    property.

    JURISDICTION HOW ACQUIRED


    Action in personam Action in rem Quasi in rem
     Personal service - Summons on the defendant  In actions in rem or quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction
    must be served by handing a copy thereof to the on the court provided that the court acquires jurisdiction over the res, although summons must be served upon the
    defendant in person, or, if he refuses to receive it, defendant in order to satisfy the due process requirements.
    by tendering it to him.
     In any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are
     Substituted service - If efforts to find defendant unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by
    personally makes prompt service impossible, publication in a newspaper of general circulation and in such places and for such time as the court may order. (Section 14,
    substituted service may be effected by leaving Rule 14)
    copies of the summons at the defendant's
    dwelling house or residence with some person  Thus, where the defendant is a non-resident who is not found in the Philippines, and (1) the action affects the
    of suitable age and discretion then residing personal status of the plaintiff; (2) the action relates to, or the subject matter of which is property in the Philippines in
    therein, or by leaving the copies at the which the defendant has or claims a lien or interest; (3) the action seeks the exclusion of the defendant from any interest
    defendant's office or regular place of business in the property located in the Philippines; or (4) the property of the defendant has been attached in the Philippines,
    with some competent person in charge summons may be served extraterritorially by:
    thereof. In substituted service, it is mandated that
    the fact of impossibility of personal service should be
    explained in the proof of service. (a) personal service out of the country, with leave of court;

     When the defendant in an action in personam is a (b) publication, also with leave of court; or
    non-resident who does not voluntarily submit himself
    to the authority of the court, personal service of
    summons within the State is essential to the (c) any other manner the court may deem sufficient.
    acquisition of jurisdiction over his person. This
    cannot be done if the defendant is not physically
    present in the country, and thus, the court cannot
    acquire jurisdiction over his person and therefore
    cannot validly try and decide the case against him.

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