DISCLAIMER: The following discussion is for general educational and informational purposes only. It is not intended as legal advice. For specific concerns, you should consult a qualified Philippine attorney who can address your unique circumstances.

KINDS OF ACTIONS UNDER PHILIPPINE CIVIL PROCEDURE

Under Philippine law, particularly the Rules of Court (as amended) and relevant jurisprudence, civil actions are classified in several ways, depending on the nature and the subject matter of the suit, as well as the remedy sought. Below is a comprehensive overview:

I. ORDINARY CIVIL ACTIONS VS. SPECIAL CIVIL ACTIONS

A. Ordinary Civil Actions

An ordinary civil action is one governed generally by the provisions of Rules 1 to 71 of the 1997 Rules of Civil Procedure, as amended. It involves disputes where one party seeks to enforce or protect a right or to prevent or redress a wrong. Typical examples include:

Actions for Collection of Sum of Money
Breach of Contract
Damages

Key Characteristics:

Follows the standard rules on pleading, pre-trial, trial, and judgment.
Remedial measures include the standard course of litigation: complaint, answer, possible counterclaims, cross-claims, etc.

B. Special Civil Actions

A special civil action is also a civil action but is governed by a specific rule or set of rules due to its peculiar nature. Special Civil Actions are enumerated in the Rules of Court (Rules 62 to 71) and include:

Interpleader (Rule 62)
Declaratory Relief and Similar Remedies (Rule 63)
Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit (Rule 64)
Certiorari, Prohibition, and Mandamus (Rule 65)
Quo Warranto (Rule 66)
Expropriation (Rule 67)
Foreclosure of Real Estate Mortgage (Rule 68)
Partition (Rule 69)
Forcible Entry and Unlawful Detainer (Rule 70)
Contempt (Rule 71)

Key Characteristics:

Each special civil action has distinct jurisdictional and procedural rules.
Some require specific allegations or special modes of service.
Some (e.g., certiorari, prohibition, mandamus) are also considered extraordinary remedies because they are not initiated as typical adversarial civil suits but rather as measures to address specific governmental or judicial actions.

II. REAL ACTIONS VS. PERSONAL ACTIONS

A. Real Actions

A real action is one that primarily affects title to or possession of real property, or an interest therein. The object of the action is a specific immovable property.

Examples:

Action for recovery of ownership (accion reivindicatoria)
Action for quieting of title
Action to recover possession (accion publiciana, accion reivindicatoria, or accion de despojo under various contexts)
Action for partition of real property

Venue:

A real action must be filed in the Regional Trial Court (RTC) or the first-level court (depending on the assessed value of the property) of the province or city where the real property (or a portion thereof) is situated, pursuant to the rules on venue (Rule 4, Rules of Court).

B. Personal Actions

A personal action is one that is not a real action. It involves the recovery of personal property, enforcement of a personal right, or recovery of damages for the violation of a contract or other actionable wrong.

Examples:

Action for sum of money
Action for damages (e.g., from quasi-delict)
Action for enforcement of contractual obligations

Venue:

A personal action is generally commenced where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, at the election of the plaintiff (if the defendant is a resident of the Philippines).

Practical Effect:

Classification between real and personal actions determines where the action must be filed and how the court acquires jurisdiction over the subject matter.

III. ACTIONS IN PERSONAM, IN REM, AND QUASI IN REM

This classification focuses on how the court acquires jurisdiction and against whom or what the judgment is binding:

Action In Personam
- Directed against a particular person to impose a personal liability or obligation.
- The judgment binds only the parties to the action.
- The court must acquire jurisdiction over the person of the defendant (usually by valid service of summons within the Philippines or by voluntary appearance).
Action In Rem
- Directed against the “thing” or property itself.
- The main object is to affect the person’s interest in a specific property.
- The judgment is binding against the whole world with respect to the res (thing or status) in question.
- Example: Probate of wills, registration of land under the Torrens system, petitions for annulment of a marriage (status), forfeiture proceedings.
- Jurisdiction is acquired by publication, posting, and other modes of notice directed to all claimants of the property.
Action Quasi in Rem
- Brought against specific persons, but the purpose is to subject their interests in a specific property to the obligation or lien burdening it.
- Example: Action for partition, foreclosure of mortgage.
- While directed primarily against a specific person, the outcome affects only the property subject of the action.
- The judgment is enforceable against the res (property), not necessarily imposing a personal liability beyond the property.

Practical Significance:

Service of Summons: In in personam actions, personal or substituted service within the Philippines (or voluntary appearance) is typically necessary for the court to acquire jurisdiction over the defendant. In in rem or quasi in rem actions, constructive service (like publication) may suffice, as the action is primarily directed against the property or status.

IV. IMPORTANCE OF CLASSIFICATION

Jurisdiction:
- Different courts have jurisdiction over different types of actions. For instance, Municipal Trial Courts (MTCs) have exclusive original jurisdiction over certain actions involving real property where the assessed value does not exceed a certain threshold. Regional Trial Courts (RTCs) have original jurisdiction when the property’s assessed value or the subject matter’s amount in controversy exceeds that threshold.
- Special Civil Actions may also be subject to original or appellate jurisdiction of the Court of Appeals or even the Supreme Court (e.g., Rule 65 petitions questioning decisions of lower courts or quasi-judicial agencies).
Venue:
- As discussed, real actions must be filed where the property is located; personal actions are filed where either the plaintiff or defendant resides (plaintiff’s choice), if the defendant is a resident.
- Improper venue can lead to dismissal if challenged in a timely manner.
Nature of Relief:
- The classification affects the kinds of remedies (whether personal liability or recovery of specific property or interest in property) a plaintiff can seek.
Procedural Requirements:
- Each classification can entail different procedures for summons, pleadings, evidence, and execution of judgments.

V. LEGAL ETHICS CONSIDERATIONS

Candor and Fairness to the Court:
- Lawyers must properly classify the action being filed. Misrepresenting an action’s nature (e.g., disguising a real action as a personal action to manipulate venue) violates ethical obligations and can subject counsel to disciplinary sanctions.
Avoiding Forum Shopping:
- Filing multiple actions based on the same cause of action or seeking the same relief in different courts is prohibited. Proper classification helps identify whether a cause of action has already been litigated or is pending elsewhere.
Diligence and Competence:
- Counsel must exercise reasonable care in determining the correct action to file and ensuring compliance with procedural rules.
Client Counseling:
- Lawyers should advise clients on the implications of filing a particular type of action—especially regarding venue, costs, and the potential for adverse judgments or dismissals on procedural grounds.

VI. SAMPLE LEGAL FORMS (ILLUSTRATIVE)

Below are simplified outlines showing how different types of actions may be initiated. (For actual practice, consult the latest templates and rules; these are purely examples.)

Ordinary Civil Action (Sum of Money)

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch], [City/Province]

[Name of Plaintiff],
      Plaintiff,
-versus-                                    Civil Case No. ___________
[Name of Defendant],
      Defendant.
x-----------------------------------------x

                             COMPLAINT

Plaintiff, by counsel, respectfully alleges:

1. Plaintiff is of legal age, residing at ______________________;
2. Defendant is of legal age, residing at ______________________;
3. On [Date], Plaintiff and Defendant entered into a contract whereby ...
4. Defendant failed to pay the amount of Php __________ despite repeated demands...

WHEREFORE, premises considered, Plaintiff prays for judgment ordering Defendant to pay:

1. The sum of Php _________ with legal interest;
2. Attorney’s fees of Php _________;
3. Costs of suit; and
4. Other just and equitable reliefs.

[Date and Place]

[Signature of Counsel]
[Counsel’s Name and Roll Number]
[Address]
[IBP No., PTR No., MCLE Compliance No.]

Real Action (Recovery of Possession)

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch], [City/Province where the property is located]

[Name of Plaintiff],
      Plaintiff,
-versus-                                    Civil Case No. ___________
[Name of Defendant],
      Defendant.
x-----------------------------------------x

                           COMPLAINT

Plaintiff, by counsel, respectfully alleges:

1. Plaintiff is of legal age, residing at ______________________;
2. Defendant is of legal age, residing at ______________________;
3. Plaintiff is the registered owner of a parcel of land located at ______________ with TCT No. ______;
4. Defendant, without any legal right or authority, entered and occupied said property and refuses to vacate despite demands...

WHEREFORE, Plaintiff prays that judgment be rendered:

1. Ordering Defendant to vacate the subject property;
2. Restoring possession thereof to Plaintiff;
3. Ordering Defendant to pay damages and costs of suit;
4. Granting such other relief as may be just and equitable.

[Date and Place]

[Signature of Counsel]
[Counsel’s Name and Roll Number]
[Address]
[IBP No., PTR No., MCLE Compliance No.]

Special Civil Action (Certiorari under Rule 65)

REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS (or SUPREME COURT, depending on the case)
[City]

[Name of Petitioner],
      Petitioner,
-versus-                                    CA-G.R. SP No. ___________
[Name of Respondent, e.g.,
 Judge of the RTC Branch ___, Province of ___ and [Adverse Party]],
      Respondents.
x-----------------------------------------x

                            PETITION FOR CERTIORARI

Petitioner, by counsel, respectfully states:

1. Petitioner is of legal age, residing at ______________________;
2. Public Respondent is a Presiding Judge of RTC Branch ____ who issued an Order dated ____ which was rendered with grave abuse of discretion amounting to lack or excess of jurisdiction;
3. Private Respondent is the adverse party who stands to be benefited or injured by the outcome of this petition.

Statement of Facts:
(Set forth material dates and relevant facts to show timeliness and cause of action.)

Grounds:
(Set forth why the respondent acted with grave abuse of discretion.)

Relief:
WHEREFORE, Petitioner prays that the questioned Order be annulled and set aside, and a temporary restraining order/preliminary injunction be issued to enjoin its enforcement, and such other relief as may be just and equitable.

[Date and Place]

[Signature of Counsel]
[Counsel’s Name and Roll Number]
[Address]
[IBP No., PTR No., MCLE Compliance No.]

VII. SUMMARY

Ordinary vs. Special Civil Actions: Special civil actions have unique rules and remedies.
Real vs. Personal Actions: Real actions affect title or possession of real property; personal actions seek personal liability or movable property.
In Personam, In Rem, Quasi in Rem: Distinguishes how the court acquires jurisdiction (over the person, or over the property/status).
Venue and Jurisdiction: Classification dictates which court has authority and where the case must be filed.
Ethical Considerations: Proper classification ensures compliance with professional obligations, prevents forum shopping, and avoids sanctions.

Overall, knowing the kinds of actions is crucial for any litigator in the Philippines because it determines where, how, and under what rules a case proceeds. It also guides the remedies and defenses available, the manner of service of summons, and the enforceability of judgments. Mastery of these principles is foundational to effective advocacy and upholding legal ethics in practice.

END OF DISCUSSION