Case law on action in personam
A judgment directing a party to deliver possession of a property to another is in personam; it is conclusive, not against the whole world, but only between the parties and their successors in interest by title subsequent to the commencement of the action. (Heirs of Alfonso Yusingco vs. Busilak, G.R. No. 210504, Jan. 24, 2018)
An action in personam is a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court; purpose; examples of actions in personam, enumerated. (Frias vs. Alcayde, G.R. No. 194262, Feb. 28, 2018)
An action to recover a parcel of land is a real action but it is an action in personam, for it binds a particular individual only although it concerns the right to a tangible thing; any judgment therein is binding only upon the parties properly impleaded and duly heard or given an opportunity to be heard; however, this rule admits of the exception that even a non-party may be bound by the judgment in an ejectment suit where he is any of the following: (a) trespasser, squatter or agent of the defendant fraudulently occupying the property to frustrate the judgment; (b) guest or occupant of the premises with the permission of the defendant; (c) transferee pendente lite; (d) sublessee; (e) co-lessee; or (f) member of the family, relative or privy of the defendant. (Heirs of Alfonso Yusingco vs. Busilak, G.R. No. 210504, Jan. 24, 2018)
In actions in personam, such as collection for a sum of money and damages, the court acquires jurisdiction over the person of the defendant through personal or substituted service of summons. (Interlink Movie Houses, Inc. vs. Court of Appeals, G.R. No. 203298, Jan. 17, 2018)
An action in personam is a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court; purpose; examples of actions in personam, enumerated. (Frias vs. Alcayde, G.R. No. 194262, Feb. 28, 2018)
An action to recover a parcel of land is a real action but it is an action in personam, for it binds a particular individual only although it concerns the right to a tangible thing; any judgment therein is binding only upon the parties properly impleaded and duly heard or given an opportunity to be heard; however, this rule admits of the exception that even a non-party may be bound by the judgment in an ejectment suit where he is any of the following: (a) trespasser, squatter or agent of the defendant fraudulently occupying the property to frustrate the judgment; (b) guest or occupant of the premises with the permission of the defendant; (c) transferee pendente lite; (d) sublessee; (e) co-lessee; or (f) member of the family, relative or privy of the defendant. (Heirs of Alfonso Yusingco vs. Busilak, G.R. No. 210504, Jan. 24, 2018)
In actions in personam, such as collection for a sum of money and damages, the court acquires jurisdiction over the person of the defendant through personal or substituted service of summons. (Interlink Movie Houses, Inc. vs. Court of Appeals, G.R. No. 203298, Jan. 17, 2018)
