DOMAGAS vs.

JENSEN
G.R. No. 158407
January 17, 2005
448 SCRA 663
CALLEJO, SR., J.:
Facts:
Domagas filed for a forcible entry case against Jensen. Summons and
complaint were not served on respondent because the latter was apparently out
of the country but it was received by respondents brother Oscar who was then
at the respondents house. The trial court rendered a decision in favor of
petitioner. Respondent did not appeal. August 20, 2000, respondent filed a
complaint against petitioner for the annulment of the decision of MTC since the
service of summons was ineffective, the respondent being out of the country.
The RTC decided in favor of Jensen since there was no valid service of the
complaint and summons. The CA affirmed the decision, ruling that the case was
an ejectment case which is an action quasi in rem.
Issue:
Whether or not the action of petitioner in the MTC against respondent is
an action in personam or quasi in rem
Held:
The action of the petitioner fro forcible entry is a real action and one in
personam. The settled rule is that the aim and object of an action determine its
character. Whether a proceeding is in rem or in personam or in quasi in rem is
determined by its nature and purpose, and by these only. A proceeding 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, 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. The purpose of a proceeding in personam is to impose, through the
judgment of a court, some responsibility or liability directly upon the person of
the defendant. Of this character are suits to compel a defendant to specifically
perform some act or actions to fasten a pecuniary liability on him. An action in
personam is said to be one which has for its object a judgment against a
person, as distinguished from a judgment against the proprietary to determine
its state. Actions for recovery of real property are in personam.

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