Philippine Bar review · Question

Practice question: In Rem, In Personam, and Quasi In Rem

Multiple Choice Hard

Practice question

A creditor asks only to apply a designated property interest to a lien and expressly seeks no general personal liability. Another plaintiff seeks a personal injunction directing conduct concerning land. Is every asset-related decree necessarily the same kind of action?
  1. Yes; every mention of property requires one classification.
  2. No; property-limited enforcement differs from a command imposing personal responsibility.
  3. Yes; a personal injunction necessarily binds every stranger.
  4. Yes; limited property relief automatically creates unlimited money liability.
  5. The title of counsel’s memorandum conclusively settles both.

Legal references

  • Domagas v. Jensen, G.R. No. 158407, January 17, 2005, main decision, ejectment as real and in personam; classification doctrine only: https://lawphil.net/judjuris/juri2005/jan2005/gr_158407_2005.html
  • 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

Answer this question in flashcards to review your response and continue practicing.