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REAL ACTION
An action
where the
issue involved
is TITLE,
OWNERSHIP,
INTEREST
over a real
property
PERSONAL
ACTION
All other
actions
MIXED
Mixture of
real and
personal.
TRANSITORY ACTION
Follows the residence
of the parties.
Personal actions are
transitory. They are
filed where the
plaintiff/s or
defendant/s resides at
the option of the
plaintiff.
Boc, damages
In REM
The object of
the suit is to
bind the world
as to the rights
to be
established.
Directed
against the
thing or
property or
status of a
person and
seek
judgments
with respect
thereto against
the whole
world.
Land reg,
probate
GENERAL AVERMENT
1. Capacity to sue/be
sued
QUASI in REM
Against the
person in
respect to the
res
Directed only
against a
particular
individual but
the purpose of
the proceeding
is to subject
his property to
the obligation
of lien
burdening it.
Ex. foreclosure
of mortgage,
ejectment
SPECIFIC/
PARTICULAR
1. Fraud/mistake
2. Conditions
precedent
3. Conditions of the
mind
4. Judgment
5. Official document
30 DAY REGLAMENTARY PERIODS
MOTION/PETITION
RECKONING POINT
Manifestation of Death
Fact of death
of a Party
Appearance of
Notice
substitute
Answer of Defendant
From receipt
with NO ph Rep
15-DAY REGLAMENTARY PERIODS
Answer
15 days from service of
summons (different
pd is fixed by the court)
Defendant is Foreign
Private Juridical Entity
a. w/ resident
agent
b. w/ officer in PH
Answer to an Amended
Complaint as a matter
of R
MTC Coc transmits
records of the case to
the RTC
10-DAY
Amendment of Reply as
a Matter of Right
Answer to an Amended
Complaint not as a
matter of R
Answer to counterclaim
or cross claim
Reply
Answer to a
Supplemental
complaint/pleading
Rule on Summary
Procedure
Compliance with Order
granting Motion for Bill
of Particulars
Pre-trial Order issued
by the court
from service of
summons
same
Complaint as a Matter
of Right
Amendment of Answer
as a Matter of Right
Answer of a nonresident defendant on
whom extraterritorial
service of summons is
made
Answer in cases of
service of summons by
publication
Counter/cross claims
omitted thru
inadvertence or when
justice requires
Motion for Extension to
File
Motion for Bill of
Particulars
Motion to Dismiss
Submission of Pre-trial
Brief
Motion for Summary
Judgment by CLAIMANT
Motion for Summary
Judgment by the
DEFENDING PARTY
M/NT
M/R
P/RJ
pleading is served
Before a reply is filed
or its period for filing
expires
At least 60days
At least 60days
Before judgment with
leave of court
Within the period to
file the pleading itself
Before responding to
the pleading
Within the time for but
before filing the
answer (15days from
service of summons)
there is a grant of
extension or
amendment of
complaint
Before the plaintiff
presents evidence
Anytime before
SERVICE of answer or
of a motion for
summary judgment
Within 5 days after the
last pleading joining
the issue has been
served and filed or the
expiration of the
period of its filing
At least 3 days before
the pre-trial
After service of answer
At anytime
Before judgment
becomes final &
executory
Before judgment
becomes final &
executory
w/in 60days from
knowledge of the
judgment and w/in
6months from finality
of judgment
Upon the expiration of
Execution by motion
Execution by
independent action of a
dormant judgment