Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A plaintiff asks the court to command a named defendant to perform an agreed act concerning a specific asset. The requested decree directly enforces that defendant’s obligation. Must the asset reference alone make it quasi in rem?
  1. Yes; every specified asset creates a property-limited proceeding.
  2. Yes; no personal duty can concern property.
  3. Yes; the decree necessarily adjudicates the whole world’s rights.
  4. Yes; the asset’s mention dispenses with all personal-jurisdiction analysis.
  5. No; the personally enforceable command may be in personam.

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

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