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Philippine Bar review · Question

Practice question: Purpose in Relation to Actions In Personam, In Rem, and Quasi In Rem

Multiple Choice Hard

Practice question

A properly framed proceeding seeks to subject a nonresident defendant's attached Philippine property to a claim, and the court has jurisdiction over that res. Counsel proposes court-authorized notice under the applicable property-based procedure but argues that the resulting judgment may automatically impose unlimited personal liability without personal jurisdiction. Which evaluation is correct?
  1. Both conclusions follow merely because the property is in the Philippines.
  2. The property-based notice serves due process, but jurisdiction over the res alone does not justify unlimited personal liability.
  3. No notice is necessary once attachment occurs.
  4. An attached asset always creates personal jurisdiction over every owner worldwide.
  5. A newspaper publication is equivalent to the owner's voluntary appearance in every case.

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, 2019 amendments, Rule14 §§1–5,13,20–23.
  • https://lawphil.net/judjuris/juri2023/apr2023/gr_206005_2023.html — SAGING v Standard Fruit, GR206005, April12 2023, main decision.
  • https://lawphil.net/judjuris/juri2023/jul2023/gr_209449_2023.html — Republic v NCIP, GR209449, July11 2023, en banc main decision (notice and jurisdiction over the res).

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