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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 Medium

Practice question

In a proceeding in rem, the court has properly acquired jurisdiction over the res. A party argues that all required notices may therefore be omitted because personal jurisdiction is not indispensable. Is that correct?
  1. Yes, notice is never required in rem.
  2. Yes, jurisdiction over property proves every interested person's consent.
  3. Yes, publication always cures failure to implead a known indispensable party.
  4. Yes, no one may contest a proceeding in rem.
  5. No; jurisdiction over the res does not dispense with applicable notice and due-process requirements.

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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