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Showing 1–13 of 13 articles for “personal action”

Ejectment Actions Proving Unlawful Detainer After Contract Termination

Understand when a complaint for damages after foreclosure is a personal action, not a collateral attack on title, under Philippine law.

Venue in Deficiency Claims: A Personal Action After Foreclosure

The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.

When Can Courts Extend the 60-Day Rule for Filing Certiorari? A Philippine Guide

Philippine Supreme Court explains when the 60-day certiorari filing period may be extended, and clarifies venue rules for personal actions.

Survival of Actions: Property Rights Prevail After Death in Philippine Law

Philippine Supreme Court clarifies when lawsuits survive a party's death, focusing on property rights versus personal actions under Rule 3.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Jurisdiction Over Non-Residents: Extraterritorial Summons and Actions In Personam

Philippine courts cannot acquire jurisdiction over non-resident defendants in personal actions through extraterritorial service of summons. Learn the rules.

Philippine Venue Rules: Suing in the Right Court—Domicile vs. Residence

The Supreme Court clarifies venue rules for personal actions, distinguishing residence from domicile in Saludo v. American Express.

Venue Disputes Distinguishing Real From Personal Actions In Contract Annulment

Philippine Supreme Court clarifies when an action to annul a loan and mortgage contract is personal or real for venue purposes.

Real vs Personal Action: Venue in Mortgage Cancellation Cases

When is a suit to cancel a real estate mortgage a real action? The Supreme Court explains how venue is determined.

Real Action or Personal Action: Where to File Suits Over Mortgaged Property

A Supreme Court ruling explains why a case to cancel a real estate mortgage is a real action that must be filed where the property lies, not where the plaintiff resides.

Judicial Conduct: When a Judge's Personal Actions Undermine Impartiality and Public Trust

A judge who transacts business with litigants, uses court privileges for private matters, and files cases in his own sala violates judicial ethics.

Real vs Personal Actions: Mortgage Release Suits and Court Jurisdiction

When is a suit to release a mortgage a real or personal action? The Supreme Court clarifies jurisdiction rules in FEBTC v. Plaza.

Venue in Personal Actions: Why Actual Residence Matters in Philippine Courts

Learn how Philippine courts determine proper venue for personal actions and why actual residence—not domicile—controls the choice of forum.