| In rem proceeding | In personam proceeding | |
|---|---|---|
| Object of the action | To 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 facts | Establish 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 rule | Admirality 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. |
In the Matter of the Petition for the Writ of Amparo and Habeas Data in favor of Noriel H. Rodriguez
May 24, 2022
Facts Noriel Rodriguez was abducted, detained, and tortured by members of the 17th Infantry Battalion of the Ph Army to undertake certain confessions in relation
English