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Civil Action
 one by which one party sues another, based on a cause of action, to enforce or protect a
right, or to prevent or redress a wrong, whereby the defendant has performed an act or
omitted to do an act in violation of the rights of the plaintiff. (Sec. 3a)
 The purpose is primarily compensatory.

Special Civil Action


 one by which one party sues another to enforce or protect a right, or to prevent or
redress a wrong.
 It is also governed by the rules for ordinary civil actions but there are certain rules that
are applicable only to specific special civil actions.
 The fact that an action is subject to special rules other than those applicable to ordinary
civil actions is what makes a civil action special.
What are the special civil actions?
Rules 62 to 71:
  Interpleader,
  Declaratory Relief,
  Certiorari, Prohibition, Mandamus,
  Quo Warranto,
  Expropriation,
  Foreclosure of Mortgage,
  Partition,
  Forcible Entry, Unlawful Detainer and
  Contempt.
In case of conflict between the specific rule governing a particular type of civil action and the
ordinary, then you follow the specific provision. But if the rules on special civil actions are silent,
apply the ordinary rules.

Special proceeding- a remedy by which a party seeks to establish a status, a right, or a particular
fact.

In personam
 one filed against a definite defendant.
 Jurisdiction over the person (defendant) is required.
 The purpose is to impose through the judgment of a court, some responsibility or
liability directly upon the person of the defendant.
 No other than the defendant is liable, not the whole world, as in an action for a sum of
money or an action for damages.

In rem
 one instituted and enforced against the whole world.

Quasi in rem
 also brought against the whole world, is one brought against persons seeking to subject
the property of such persons to the discharge of the claims assailed.
 An individual is named as defendant and the purpose of the proceeding is to subject his
interests therein to the obligation or loan burdening the property.

“Actions in personam and actions in rem differ in that the former are directed against specific persons and seek
personal judgments, while the latter are directed against the thing or property or status of a person and seek
judgments with respect thereto as against the whole world.”

Real Action
 an action where the issue or the subject involved is title to, ownership, possession of or
interest over a real property like accion publiciana, forcible entry, unlawful detainer,
foreclosure of mortgage or real property, partition of real property.
 founded on privity of real estate and filed in the court of the place where the property
or any part thereof is situated. (Local)

Personal
 All other actions or, when the issue is not one of those – meaning, it is founded on
privity of contract, or on quasi-delict, such as actions for a sum of money, or damages
arising from breach of a contract, or for the enforcement or resolution of a contract, or
for recovery of personal property.
 It is filed in the court where the plaintiff or any of the defendants resides, at the option
of the plainitff. (Transitory)

2. The Rules of Court shall not apply in election cases, land registration, cadastral, naturalization,
insolvency proceedings and other cases not herein provided for except by analogy.

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