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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ B. Kinds of Action ▸ 3. Action in personam, in rem, quasi in rem

Question

Kinds of Action: Action in Personam, in Rem, Quasi in Rem

Mr. Santos, a resident of Manila, entered into a contract with Ms. Reyes, a resident of Cebu, for the sale of a piece of land located in Cagayan de Oro. However, Ms. Reyes failed to fulfill her obligations under the contract.

Advise Mr. Santos on the appropriate kind of action he should initiate to enforce his rights against Ms. Reyes based on the following scenarios:

  1. Scenario 1: Ms. Reyes sold the same piece of land to another buyer without Mr. Santos' knowledge.
  2. Scenario 2: Ms. Reyes refused to pay the agreed purchase price to Mr. Santos.
  3. Scenario 3: Ms. Reyes passed away before fulfilling her obligations under the contract.


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Bar Review Question: Kinds of Action: Action in Personam, in Rem, Quasi in Rem Mr. Santos, a resident of Manila, entere