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Showing 1–11 of 11 articles for “real action”

Jurisdiction Over Real Property Disputes: The Importance of Assessed Value

The Supreme Court explains why the assessed value of property in a complaint determines which court has jurisdiction over real actions.

Real Actions and Jurisdiction: Why Assessed Value Determines the Correct Philippine Court

In real actions, the property's assessed value determines which court has jurisdiction. Omitting it can doom the case.

Docket Fees and Real Actions: Jurisdictional Requirements in Philippine Property Disputes

Learn how unpaid docket fees and mislabeled complaints affect court jurisdiction in Philippine property cases, based on a 2016 Supreme Court ruling.

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.

Sharia Court Jurisdiction Limited to Cases Involving Only Muslim Parties in Real Actions

Philippine Supreme Court clarifies Sharia District Court jurisdiction: real actions require all parties to be Muslims, voiding proceedings otherwise.

Real Action vs Annulment: How Courts Determine Proper Docket Fees in Property Disputes

Philippine Supreme Court clarifies when an annulment of sale case is a real action requiring higher docket fees based on property value.

Service of Summons Ensuring Due Process in Forcible Entry Cases

A forcible entry case is a real action in personam; defective substituted service of summons voids the judgment for lack of jurisdiction.

Perfected Sales vs. Recovery of Property: Understanding Real Actions in Philippine Law

When is a suit for specific performance actually a real action for recovery of property? The Supreme Court clarifies in Jimenez v. Jordana.

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.

Docket Fees and Real Actions: How Property Disputes Determine Court Jurisdiction

The Supreme Court clarifies that complaints for specific performance involving real property are real actions, and docket fees must be based on property value.

Receivership in Foreclosure Disputes: Venue and Real Actions Under Rule 59

When can a court appoint a receiver in a foreclosure dispute? The Supreme Court clarifies the rules on receivership, venue, and real actions.