Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A litigant labels a status proceeding in rem and therefore gives the affected respondent no legally sufficient notice or opportunity to be heard, despite the governing rules requiring it. He says the classification alone cures every procedural defect. Which is best?
  1. An in rem label abolishes due process
  2. Every status case is immune from challenge
  3. No summons or notice can ever matter in such proceedings
  4. The classification does not dispense with legally required notice and due process; the actual governing procedure must be satisfied
  5. A private label creates all missing jurisdiction

Legal references

  • G.R.235033, October12 2022, main decision, due-process and summons discussion: https://lawphil.net/judjuris/juri2022/oct2022/gr_235033_2022.html

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