Real Action Vs Personal Action

Real Action vs.
Personal Action
● An action is 'real' when it affects title to or possession of real property, or an interest
therein (Sec. 1, Rule 4, Rules of Court). All other actions are personal action (Sec. 2, Rule
4, Rules of Court).
● In a personal action, the plaintiff seeks the recovery of personal property, the enforcement
of a contract or the recovery of damages. In a real action, the plaintiff seeks the recovery of
real property, or, as indicated in section 2(a) of Rule 4, a real action is an action affecting
title to real property or for the recovery of possession, or for partition or condemnation of, or
foreclosure of a mortgage on, real property. (Paderanga vs. Buissan, G.R. No. L-49475,
September 28, 1993)
● An action is real when it is founded upon the privity of real estate, which means that the
realty or an interest therein is the subject matter of the action. The issues involved in real
actions are title to, ownership, possession, partition, foreclosure of mortgage or
condemnation of real property. Not every action however, involving a real property is a real
action because the realty may only be incidental to the subject matter of the suit. To be a
`real' action, it is not enough that the action must deal with real property. It is important that
the matter in litigation must also involve any of the following issues: title to, ownership,
possession, partition, foreclosure of mortgage or condemnation of real property.
An action for damages to real property, while involving realty is a personal action because
although it involves real property, it does not involve any of the issues mentioned. An action
to recover possession of real property plus damages is a real action because possession of
the real property is involved.
● The distinction between real action and personal action is important for the purpose of
determining the venue of the action. A real action is “local”, which means that its venue
depends upon the location of the property involved in the litigation. A personal action is
“transitory”, which means that its venue depends upon the residence of the plaintiff or the
defendant at the option of the plaintiff.
●The venue of real actions shall be the proper court which has territorial jurisdiction over the
area wherein the real property involved, or a portion thereof, is situated. The venue of
personal actions is the court where the plaintiff or any of the principal plaintiffs resides, or
where the defendant or any of the principal defendants resides, or in the case of a non-
resident defendant where he may be found, at the election of the plaintiff. (Rule 4, Rules of
Court)
Examples of Personal Actions:

1. Action for collection for sum of money
2. Action to recover possession of a personal property
3. Action for a declaration of the nullity of marriage
4. Action for annulment of marriage
5. Action for damages
6. An action for specific performance is a personal action as long as it does not involve a claim
of or recovery of ownership of real property. Where the allegations as well as the prayer of
the complaint do not claim ownership of the lots in question or ask for possession of the
same but instead seeks for the execution of a deed of sale by the defendants in favor of the
plaintiff, the action is a personal action. However, where a complaint is denominated as one
for specific performance but nonetheless prays for the issuance of a deed of sale for a
parcel of land for the plaintiff to acquire ownership of the land, its primary objective and
nature is one to recover the parcel of land itself and thus, is deemed a real action.
7. Where an award of a house and lot to the plaintiff was unilaterally cancelled, an action that
seeks to annul the cancellation of the award over the said house and lot is a personal
action. The action does not involve title to, ownership or possession of real property. The
nature of the action is one to compel the recognition of the validity of the previous award by
seeking a declaration that the cancellation is null and void.
8. Action to compel the mortgagee to accept payment of the mortgage debt and to release the
mortgage is a personal action. (Hernandez vs. Rural Bank of Lucena, G.R. No. L-29791
January 10, 1978)
9. Action to annul a contract of loan with an action to annul a real estate mortgage (Chua vs.
TOPROS, G.R. No. 152808, September 30, 2005)
10. Action to annul a foreclosure sale whether judicial or extrajudicial
Examples of Real Actions:

1. Ejectment
2. Accion publiciana
3. Accion reinvindicatoria
4. Where the action to annul or rescind a sale of real property has as its fundamental and
prime objective the recovery of real property, the action is real.
5. Where an award of a house and lot to the plaintiff was unilaterally cancelled, an action that
seeks to annul the cancellation of the award over the said house and lot is a personal
action. The action does not involve title to, ownership or possession of real property. The
nature of the action is one to compel the recognition of the validity of the previous award by
seeking a declaration that the cancellation is null and void.
6. Action to foreclose a real estate mortgage is a real action
7. Action for the recovery of possession of the leased premises and for the payment of
accrued rentals is a real action
8. Action for partition
9. Action for condemnation of real property

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