Philippine Bar review · Question

Practice question: Judgments In Rem and Quasi In Rem

Multiple Choice Hard

Practice question

In a property-based proceeding, counsel acknowledges that the court must have jurisdiction over the res but argues that this automatically permits a personal deficiency judgment against a defendant without a personal-jurisdiction basis or due-process compliance. Which is correct?
  1. Jurisdiction over one asset always creates unlimited personal liability.
  2. The property-based foundation and the requirements for imposing personal liability must be distinguished; jurisdiction over the res is not a universal substitute.
  3. A property judgment can never affect any property.
  4. Due process is unnecessary whenever a mortgage exists.
  5. The defendant's nonappearance proves consent in every case.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official2019 Rules, Rule39§§47–48 and Rules57–61.
  • https://lawphil.net/judjuris/juri2009/feb2009/gr_172172_2009.html — Spouses Yu v Pacleb, GR172172, February24 2009, main decision.
  • https://lawphil.net/judjuris/juri2007/feb2007/gr_161417_2007.html — Biaco v Philippine Countryside Rural Bank, GR161417, February8 2007, main decision.

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