CLASSIFICATION as to CAUSE of ACTION

REAL ACTION
An action
where the
issue involved
is TITLE,
OWNERSHIP,
INTEREST
over a real
property

PERSONAL
ACTION
All other
actions

MIXED
Mixture of
real and
personal.

CLASSIFICATION as to the PLACE of FILING

LOCAL ACTION
An action w/c can only
be instituted in a
particular place
Real actions are
automatically local
actions. They can only
be filed where the land
is situated.

TRANSITORY ACTION
Follows the residence
of the parties.
Personal actions are
transitory. They are
filed where the
plaintiff/s or
defendant/s resides at
the option of the
plaintiff.

CLASSIFICATION as to OBJECT/ RES

In PERSONAM
Issue is
generally a
claim against a
person, with a
judgment
which binds
the parties and
their
successors in
interest
Directed
against
specific
persons and
seek personal
judgments

Boc, damages

In REM
The object of
the suit is to
bind the world
as to the rights
to be
established.

Directed
against the
thing or
property or
status of a
person and
seek
judgments
with respect
thereto against
the whole
world.
Land reg,
probate

GENERAL AVERMENT
1. Capacity to sue/be
sued

QUASI in REM
Against the
person in
respect to the
res

Directed only
against a
particular
individual but
the purpose of
the proceeding
is to subject
his property to
the obligation
of lien
burdening it.
Ex. foreclosure
of mortgage,
ejectment

SPECIFIC/
PARTICULAR
1. Fraud/mistake

2. Conditions
precedent
3. Conditions of the
mind
4. Judgment
5. Official document
30 DAY REGLAMENTARY PERIODS
MOTION/PETITION
RECKONING POINT
Manifestation of Death
Fact of death
of a Party
Appearance of
Notice
substitute
Answer of Defendant
From receipt
with NO ph Rep
15-DAY REGLAMENTARY PERIODS
Answer
15 days from service of
summons (different
pd is fixed by the court)
Defendant is Foreign
Private Juridical Entity
a. w/ resident
agent
b. w/ officer in PH
Answer to an Amended
Complaint as a matter
of R
MTC Coc transmits
records of the case to
the RTC
10-DAY
Amendment of Reply as
a Matter of Right
Answer to an Amended
Complaint not as a
matter of R
Answer to counterclaim
or cross claim
Reply
Answer to a
Supplemental
complaint/pleading
Rule on Summary
Procedure
Compliance with Order
granting Motion for Bill
of Particulars
Pre-trial Order issued
by the court

from service of
summons
same

From time MTC gives

due course to the
appeal
From service
From notice of court
order admitting the
same
From service
From service of
pleading responded to
From notice of order
admitting the same
From service
From notice of order
From termination of
pre-trial

Other REGLAMENTARY PERIODS

MOTION
Motion to Lift Order of
From receipt of order
Default (verified)
of default;
Before judgment
Amendment of
Before a responsive

Complaint as a Matter
of Right
Amendment of Answer
as a Matter of Right
Answer of a nonresident defendant on
whom extraterritorial
service of summons is
made
Answer in cases of
service of summons by
publication
Counter/cross claims
omitted thru
inadvertence or when
justice requires
Motion for Extension to
File
Motion for Bill of
Particulars
Motion to Dismiss

Motion for Preliminary

Hearing
Notice of Dismissal by
plaintiff
Motion for Pre-trial

Submission of Pre-trial
Brief
Motion for Summary
Judgment by CLAIMANT
Motion for Summary
Judgment by the
DEFENDING PARTY
M/NT
M/R
P/RJ

M/E as a matter of right

pleading is served
Before a reply is filed
or its period for filing
expires
At least 60days

At least 60days
Before judgment with
leave of court
Within the period to
file the pleading itself
Before responding to
the pleading
Within the time for but
before filing the
answer (15days from
service of summons)
there is a grant of
extension or
amendment of
complaint
Before the plaintiff
presents evidence
Anytime before
SERVICE of answer or
of a motion for
summary judgment
Within 5 days after the
last pleading joining
the issue has been
served and filed or the
expiration of the
period of its filing
At least 3 days before
the pre-trial
After service of answer
At anytime
Before judgment
becomes final &
executory
Before judgment
becomes final &
executory
w/in 60days from
knowledge of the
judgment and w/in
6months from finality
of judgment
Upon the expiration of

Execution by motion
Execution by
independent action of a
dormant judgment

the period to appeal

and no appeal has
been perfected
w/in 5 yrs from the
date of entry
After 5yrs from date of
entry up to 10yrs

Before Rendition of Judgment

Motion to intervene