Practice question
A complaint is captioned Damages but its material allegations and principal prayer ask that the defendant’s title be cancelled and ownership and possession awarded to the plaintiff. An incidental damages prayer is also included. Counsel chooses venue solely as though it were an unsecured money collection. Which is best?
- The caption always makes the action personal
- An incidental damages prayer eliminates every property issue
- The actual title-and-possession relief requires real-action analysis; the caption and incidental damages do not control
- Every complaint may be filed anywhere
- The property’s location can never matter
Legal references
- Rule4 Section1; G.R.234499, real/personal distinction: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.