Nature and Classification
An action for specific performance is a legal proceeding where a party seeks to compel another party to perform a specific act, typically the fulfillment of a contractual obligation. It is generally classified as a personal action when it seeks the enforcement of a contract or the recovery of damages. However, the nature of the action is determined by the allegations and the ultimate relief sought. If the complaint, although denominated as specific performance, ultimately seeks the execution of a deed of conveyance to acquire ownership of real property, its primary objective is to recover the land itself, making it a real action.
Regarding its object and effect of judgment, an action for specific performance is an action in personam. This means it is directed against a specific person based on their personal liability, aiming to impose responsibility or liability directly upon that individual through the court's judgment. Judgments in actions in personam are binding only upon the parties properly impleaded. A proceeding in personam requires the court to acquire jurisdiction over the person of the defendant. For non-resident defendants in an action in personam, personal service of summons within the territorial jurisdiction is essential for the court to acquire jurisdiction. Summons by publication is generally not available in actions in personam. An action in personam is distinct from classifying actions as personal or real; the former is based on the object of the action, while the latter is based on its foundation.
Jurisdiction
Jurisdiction over an action for specific performance generally lies with the Regional Trial Court (RTC) because it is considered an action incapable of pecuniary estimation. An action is incapable of pecuniary estimation when the basic issue is something other than the right to recover a sum of money, or the money claim is merely incidental to the principal relief. The amount of damages claimed in addition to specific performance does not determine jurisdiction. Provisional remedies sought in a specific performance case can only be issued by the RTC hearing the case.
However, if the action, despite being labeled specific performance, primarily seeks to obtain title to real property, it is treated as a real action. In such cases, jurisdiction depends on the assessed value of the property, and it may fall under the jurisdiction of the Municipal Trial Court (MTC) if the assessed value is below the MTC threshold. If the demand is in the alternative, such as specific performance or payment of a sum of money, the action may be deemed capable of pecuniary estimation.
Venue
The venue for an action for specific performance depends on its classification as either personal or real. If it is classified as a personal action, venue is transitory and may be filed where the plaintiff or any principal plaintiff resides, or where the defendant or any principal defendant resides, at the plaintiff's election. If the action is classified as a real action because it primarily seeks to obtain title or possession of real property, venue is local and must be filed in the proper court with jurisdiction over the area where the real property is situated.
Execution of Judgment
A favorable judgment in an action for specific performance is considered a special judgment because it requires the performance of an act other than the payment of money or the sale or delivery of property. Execution of such a judgment is governed by special rules. If the judgment requires a party to perform a specific act and the party fails to comply within the specified time, the court may direct someone else to perform the act at the cost of the disobedient party. If the judgment directs the conveyance of real or personal property within the Philippines, the court may, in lieu of directing the conveyance, issue an order divesting title from one party and vesting it in others, which has the same effect as a duly executed conveyance. Disobedience of such a judgment requiring the performance of an act may subject the party to punishment for contempt.