Lex Rex Ph

Actions in rem vs. in personam

In rem proceedingIn personam proceeding
Object of the actionTo bar all who might make an objection against a right, and anyone in the world has a right to be heard on the strength of his factsEstablish a claim against some particular person with a judgment which binds his body or bar some claims so that only certain persons can be heard in defense
Proceeding instituted…without personal service to claimants within the State, or naming them (Moscoso vs. CA)with notice to person or claimants
History of the ruleAdmirality era – a ship that voyages far away from London for example, creates contracts, obligations, and liabilities elsewhere. Hence, to secure such, the ‘ship’ must be regarded as the person and not its owner. This is where ‘actions in rem’ came to be.
Source: Roxas vs. Enriquez

Other Content You May Be Interested In:

Onas vs. Javillo Digest

Onas vs. Javillo 59 Phil 733G.R. No. L-39670             March 20, 1934Full Text Link Complete Names of PartiesIn the matter of the intestate estate of the deceased Crispulo Javillo.ROSARIO OÑAS, oppositor-appellant,vs.CONSOLACION JAVILLO, ET AL.,

Read More »

Positive vs. Negative Easement

Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive

Read More »


Only ruthless, unfeeling capitalists and egoistic reactionaries continue to pay obeisance to such un-Christian doctrine (in Prisley v Fowler)…. it humiliates man and debases him; … refers to the lowly worker as

Read More »

Republic vs. Labrador Digest

Facts Labrador filed to have the name appearing on the birth certificate of Sarah Zita Cañon Erasmo changed from “Sarah Zita Erasmo” to “Sarah Zita Canon” and that the name of Sarah

Read More »