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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

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Question

Subject: Kinds of Action: Action in personam, in rem, quasi in rem

Mr. Santos, a resident of Quezon City, purchased a property in Manila from Ms. Reyes. After the sale, Mr. Santos discovered that there was an existing mortgage on the property. Mr. Santos wants to take legal action to resolve the issue.

(A) Explain what is meant by an action in personam, in rem, and quasi in rem.

(B) What type of action should Mr. Santos file to resolve the issue concerning the mortgage on the property?

  1. Explain the requirements and procedure for filing this type of action.
  2. Discuss the possible legal remedies available to Mr. Santos if he is successful in his action.

Answer

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