Personal Actions & Real Actions


[1] An action is real when it affects title to or possession of real property, or an interest therein. All other actions are personal actions.
[2] An action is real when it is founded upon the privity of real estate, which means that the realty or an interest therein is the subject matter of the action. The issues involved in real actions are title to, ownership, possession, partition, foreclosure of mortgage or condemnation of real property.
[3] Not every action involving real property is a real action because the realty may only be incidental to the subject matter of the suit. An example of this is an action for damages to real property, while involving realty is a personal action because although it involves real property, it does not involve any of the issues mentioned. [4] Real actions are based on the privity of real estates; while personal actions are based on privity of contracts or for the recovery of sums of money.
[5] The distinction between real action and personal action is important for the purpose of determining the venue of the action. A real action is "local," which means that its venue depends upon the location of the property involved in the litigation. A personal action is "transitory," which means that its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff.
[6] In personal actions, the plaintiff seeks the recovery of personal property, the enforcement of a contract, or the recovery of damages. Real actions, on the other hand, are those affecting title to or possession of real property, or interest therein (Marcos-Araneta vs. CA).