In rem proceeding | In personam proceeding | |
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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. |
Jabonete vs. Monteverde Digest
“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao