2 the earlier case of gomez v court of appeals 425

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2.The earlier case ofGomez v. Court of Appeals, 425 SCRA98,also explained that an actionin personamis an action against aperson on the basis of his personal liability, while an actionin remisan action against the thing itself, instead of against the person.Hence, a real action may at the same time be an actionin personamand not necessarily an actionin rem.A more recent case explains the distinction, thus:“The rule is that: (1) a judgmentin remis bindingupon the whole world, such as a judgment in a land regis-tration case or probate of a will; and (2) a judgmentin per-sonamis binding upon the parties and their successors-in-interest but not upon strangers. A judgment directing aparty to deliver possession of a property to another isinpersonam',it is binding only against the parties and theirsuccessors-in-interestbytitlesubsequenttothecommencement of the action. An action for declaration ofnullity of title and recovery of ownership of real property,or reconveyance, is a real action but it is an actionin per-sonam,for it binds a particular individual only although itconcerns the right to a tangible thing. Any judgmenttherein is binding only upon the parties properly implead-ed”(Munoz v. Yabut, Jr., G.R. No. 142676, June 6,2011).The Court inMunoz v. Yabut,further explains:“The settled rule is that the aim and object of anaction determine its character. Whether a proceeding is
188CIVIL PROCEDURE, VOLUME ITHE BAR LECTURES SERIESin rem,orin personam,or quasiin remfor that matter, isdetermined by its nature and purpose, and by these only.A proceedingin personamis a proceeding to enforcepersonal rights and obligations brought against the personand is based on the jurisdiction of the person, although itmay involve his right to, or the exercise of ownership of,specific property, or seek to compel him to control ordispose of it in accordance with the mandate of the court.The purpose of a proceedingin personam.is toimpose, through the judgment of a court, someresponsibility or liability directly upon the person ofthe defendant.Of this character are suits to compel adefendant to specifically perform some act or actions tofasten a pecuniary liability on him.An actioninpersonamis said to be one which has for its object ajudgment against the person, as distinguished from ajudgment against the property to determine its state.It has been held that an actionin personamis aproceeding to enforce personal rights or obligations;such action is brought against the person.As far assuits for injunctive relief are concerned, it is well-settledthat it is an injunctive actin personam.InCombs v. Combs,the appellate court held thatproceedings to enforce personal rights and obligations andin which personal judgments are rendered adjusting therights and obligations between the affected parties isinpersonam.Actions for recovery of real property areinpersonam3.Traditional jurisprudence has referred to an actionin remas one brought against the whole world

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