Real Action v. Personal Action
Real action are actions affecting title to or possession of real property or any interest therein. Personal actions are all other actions. (Read Rule 4 of the Rules of Court)
In a real action, the plaintiff seeks the recovery of real property, or as provided for in Section 1, Rule 4, a real action is an action affecting title to or possession of real property, or interest therein. These include partition or condemnation of, or foreclosure of mortgage on, real property. The venue for real actions is the same for regional trial courts and municipal trial courts -- the court which has territorial jurisdiction over the area where the real property or any part thereof lies. (G.R. No. 156187, November 11, 2004)
In a real action, the plaintiff seeks the recovery of real property, or as provided for in Section 1, Rule 4, a real action is an action affecting title to or possession of real property, or interest therein. These include partition or condemnation of, or foreclosure of mortgage on, real property. The venue for real actions is the same for regional trial courts and municipal trial courts -- the court which has territorial jurisdiction over the area where the real property or any part thereof lies. (G.R. No. 156187, November 11, 2004)
Personal action is one brought for the recovery of personal property, for the enforcement of some contract or recovery of damages for its breach, or for the recovery of damages for the commission of an injury to the person or property. The venue for personal actions is likewise the same for the regional and municipal trial courts -- the court of the place where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, at the election of the plaintiff, as indicated in Section 2 of Rule 4. (G.R. No. 156187, November 11, 2004)