Wednesday, July 4, 2012

IN PERSONAM, IN REM AND QUASI IN REM ACTIONS


An action in personam is lodged against a person based on personal liability; an action in rem is directed against the thing itself instead of the person; while an action quasi in rem names a person as defendant, but its object is to subject that person's interest in a property to a corresponding lien or obligation. A petition directed against the "thing" itself or the res, which concerns the status of a person, like a petition for adoption, annulment of marriage, or correction of entries in the birth certificate, is an action in rem. (JESSE U. LUCAS vs. JESUS S. LUCAS, G.R. No. 190710, SECOND DIVISION, June 6, 2011 NACHURA, J.)

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