Philippine Bar review · Question

Practice question: Personal and Real

Multiple Choice Hard

Practice question

A complaint seeks conveyance of land under a contract, but the defendant disputes the contract’s validity. Counsel argues that this defense turns the complaint into a personal action. Which is sound?
  1. Every denied contract becomes a money-only suit.
  2. The defense does not by itself remove the pleaded real-property conveyance object.
  3. A defendant’s preferred label conclusively controls.
  4. The location of the defendant’s lawyer changes the relief.
  5. A denial automatically amends the complaint’s prayers.

Legal references

  • Hernando v. Golden Sun Finance Corp., G.R. No. 259295, May 7, 2025, main decision, actual relief and scope of exclusive venue: https://lawphil.net/judjuris/juri2025/may2025/gr_259295_2025.html
  • Gochan v. Gochan, G.R. No. 146089, December 13, 2001, main decision, specific performance seeking conveyance of land: https://lawphil.net/judjuris/juri2001/dec2001/gr_146089_2001.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.