Philippine Bar review · Question

Practice question: Over the Res or Property in Litigation

Multiple Choice Medium

Practice question

An applicant argues that every parcel physically within the Philippines is automatically in the custody of any court, even without a recognized proceeding or lawful seizure. Is that sufficient to establish jurisdiction over the res in an ordinary disputed case?
  1. Yes, geography alone gives every court unlimited custody
  2. Yes, a court clerk’s personal knowledge is enough
  3. No, lawful seizure or legally recognized proceedings making the court’s power effective must be established
  4. Yes, if the applicant owns a map
  5. No, because courts can never acquire constructive custody

Legal references

  • https://lawphil.net/judjuris/juri2006/jan2006/gr_162416_2006.html — De Joya v. Marquez, G.R. No. 162416, January 31, 2006, acquisition of jurisdiction over the res.
  • https://lawphil.net/judjuris/juri2005/jul2005/gr_164041_2005.html — Alba v. Court of Appeals, G.R. No. 164041, July 29, 2005, jurisdiction over the res and due-process notice.
  • https://lawphil.net/judjuris/juri2023/jul2023/gr_209449_2023.html — Republic v. NCIP, G.R. No. 209449, July 11, 2023, distinctions among in personam, in rem and quasi in rem proceedings and notice.
  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 section 17, extraterritorial service in the specified property, status and attached-property cases.
  • https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD 1529 sections 2 and 23, in rem land registration and initial-hearing notice requirements.

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