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JORGE C. PADERANGA v. DIMALANES B. BUISSAN

This case has been cited 5 times or more.

	GR NO. 155488 2006-12-06	ERLINDA R. VELAYO-FONG v. SPS. RAYMOND AND MARIA HEDY VELAYO AUSTRIA-MARTINEZ, J.
In the present case, respondents' cause of action in Civil Case No. Q-93-17133 is anchored on the claim that petitioner and her co-defendants maliciously instituted a criminal complaint before the NBI and a petition before the SEC which prevented the respondents from leaving the country and paralyzed the latters' business transactions. Respondents pray that actual and moral damages, plus attorney's fees, be awarded in their favor. The action instituted by respondents affect the parties alone, not the whole world. Any judgment therein is binding only upon the parties properly impleaded.[33] Thus, it is an action in personam. As such, personal service of summons upon the defendants is essential in order for the court to acquire jurisdiction over their persons.[34]
	GR NO. 136325 2005-08-29	MANUEL M. SERRANO v. EUGENIO C. DELICA SANDOVAL-GUTIERREZ, J.
A careful examination of respondent's complaint is that it is a real action. In Paderanga vs. Buissan,[8] we held that "in a real action, the plaintiff seeks the recovery of real property, or, as stated in Section 2(a), Rule 4 of the Revised Rules of Court,[9] a real action is one 'affecting title to real property or for the recovery of possession of, or for partition or condemnation of, or foreclosure of a mortgage on a real property.'"
	GR No. 136325 2005-07-29	MANUEL M. SERRANO v. EUGENIO C. DELICA SANDOVAL-GUTIERREZ, J.
A careful examination of respondent's complaint is that it is a real action. In Paderanga vs. Buissan,[8] we held that "in a real action, the plaintiff seeks the recovery of real property, or, as stated in Section 2(a), Rule 4 of the Revised Rules of Court,[9] a real action is one 'affecting title to real property or for the recovery of possession of, or for partition or condemnation of, or foreclosure of a mortgage on a real property.' "
	GR No. 127692 2004-03-10	FORTUNATO GOMEZ v. CA AUSTRIA-MARTINEZ, J.
In the present case, petitioners' cause of action in Civil Case No. CEB-11103 is anchored on the claim that the spouses Jesus and Caridad Trocino reneged on their obligation to convey ownership of the two parcels of land subject of their sale. Thus, petitioners pray in their complaint that the spouses Trocino be ordered to execute the appropriate deed of sale and that the titles be delivered to them (petitioners); or in the alternative, that the sale be revoked and rescinded; and spouses Trocino ordered to return to petitioners their down payment in the amount of P500,000.00 plus interests. The action instituted by petitioners affect the parties alone, not the whole world. Hence, it is an action in personam, i.e., any judgment therein is binding only upon the parties properly impleaded.[21]
	GR No. 120587 2004-01-20	MILAGROS M. BARCO v. CA TINGA, J,
Verily, a petition for correction is an action in rem, an action against a thing and not against a person.[46] The decision on the petition binds not only the parties thereto[47] but the whole world.[48] An in rem proceeding is validated essentially through publication.[49] Publication is notice to the whole world that the proceeding has for its object to bar indefinitely all who might be minded to make an objection of any sort against the right sought to be established.[50] It is the publication of such notice that brings in the whole world as a party in the case and vests the court with jurisdiction to hear and decide it.[51]