Definition of Action
An action is the legal and formal demand of one's right from another person made and insisted upon in a court of justice. In this jurisdiction, a civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.
Action vs. Suit
The terms "action" and "suit" are generally synonymous in this jurisdiction. The operative act which converts a claim into an "action" or "suit" is the filing of the same with a court of justice. If a claim is filed elsewhere, such as with some other body or office not a court, it may not be properly categorized under either term.
Action vs. Cause of Action
An action is the suit filed in court. A cause of action, on the other hand, is the basis of the action filed. It is defined as the act or omission by which a party violates a right of another. Essentially, the cause of action is the reason why the litigation has come about. Every ordinary civil action must be based on a cause of action. Generally, there can be no right of action without a cause of action being first established, though the doctrine of anticipatory breach provides an exception.
Action vs. Special Proceeding
Actions and special proceedings differ in their purpose. The purpose of an action is either to protect a right, prevent or redress a wrong (civil), or prosecute an offense (criminal). The purpose of a special proceeding is to establish a status, a right, or a particular fact.
Kinds of Actions
Actions are classified in several ways, including as to form, foundation, and object.
Ordinary and Special Actions
Civil actions may be either ordinary or special. Special civil actions are those wherein specific rules are prescribed. Both ordinary and special civil actions are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for special civil actions. Examples of special civil actions include interpleader, declaratory relief, review of judgments of COMELEC and COA, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure of real estate mortgage, partition, and forcible entry and unlawful detainer. Special civil actions are actions in themselves, but possess special matters requiring special procedures.
Personal and Real Actions
This classification is important in determining venue. An action is "real" when it affects title to or possession of real property, or an interest therein. All other actions are personal actions. For an action to be "real," the matter in litigation must involve title, ownership, possession, partition, foreclosure of mortgage, or any interest in real property. Not every action involving real property is a real action if the realty is merely incidental to the subject matter. An action for damages to real property is a personal action.
- Real actions are considered "local" - venue is the province or city where the property or any part thereof lies.
- Personal actions are considered "transitory" - venue is the place where the defendant or any of the defendants resides or may be found, or where the plaintiff or any of the plaintiffs resides, at the election of the plaintiff.
Action in Personam, In Rem, Quasi In Rem
This classification is according to the object of the action. It is significant for determining whether jurisdiction over the person of the defendant is required and the type of summons to be employed.
- Action in Personam: An action directed against a person on the basis of their personal liability. It seeks to make a specific person personally liable to pay a sum of money, deliver a thing, or perform/not perform a specific act. Judgment is binding only upon the parties properly impleaded. It is a proceeding to enforce personal rights and obligations brought against the person.
- Action in Rem: Actions against the thing itself. They are binding upon the whole world. The phrase "against a thing" is a metaphor; only legal or natural persons are parties. Examples include land registration cases and probate of a will, cadastral proceedings, and actions affecting the personal status of the plaintiff.
- Action Quasi In Rem: An action brought against persons seeking to subject the property of such persons to the discharge of claims assailed. An individual is named as a defendant, and the purpose is to subject their interest in property to a lien or obligation burdening the res. It is neither strictly in personam nor in rem but is an action in personam where a res is affected by the decision. Judgment is binding only upon the parties properly impleaded, but affects their interest in a specific property. Examples include partition, accounting, attachment proceedings, and foreclosure of mortgage.
It is important to note that an action in personam is not necessarily a personal action, nor is a real action necessarily an action in rem. For instance, an action to recover title to or possession of real property is a real action, but it is an action in personam because it binds a particular individual, not the whole world. An action for unlawful detainer or forcible entry is both a real action and an action in personam. An action for declaration of nullity of marriage is a personal action (not founded on real estate) and an action in rem (status affects the whole world).