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[1] The plaintiff files the complaint against the defendant and pays the filing fees with
the clerk of court. The case is raffled off to a specific court branch.
[2] The process server or the court sheriff serves the summons by handing it personally
to the defendant, or if he refuses to receive and sign for it, by tendering it to him. In
certain cases, summons may be published in a newspaper. (Please read Rule 14
- Summon.)
[3] The summons is not served because:
(a) the plaintiff loses interest in pursuing the case by filing a notice of dismissal;
(b) the defendant cannot be located at the address stated in the complaint (the court
may then issue an alias summons).
[4] Jurisdiction over the defendant is acquired by his receipt of the summons. If it cannot
be served, the court provisionally dismisses the case (that is, without prejudice to its
revival once the defendant is located).
[5] Defendant may file either (a) an answer or (b) a motion to dismiss. This must be
submitted within fifteen days from receipt of the summons. The period to answer
however may be extended by the court upon motion. (Please read Rule 11 - When to
file responsive pleadings.)
[6] If the court denies the motion to dismiss, the defendant must file his answer within
the remaining time (which must not be less than five days from his receipt of the notice
of denial). The practice of some judges is to require the defendant to file an answer and
not a motion to dismiss. In such a case, the defendant must allege the grounds for
dismissal as affirmative defenses in his answer.
Additional things to consider
(a) Before filing an answer, the defendant may file a bill of particulars pointing out
defects in the complaint, the details desired, the vague allegations, etc. (Please read
Rule 12 - Bill of particulars.)
(b) Husband and wife generally shall sue or be sued jointly since both are coadministrators of the community property or the conjugal partnership property. (Please
read Rule 3 - Parties to civil actions.)
(c) The requirements for a class suit are common or general interest in the subject
matter of the case, and the affected persons are so numerous that it is impracticable to
In a personal action, the plaintiff seeks the recovery of personal property, the
enforcement of a contract, or the recovery of damages.
Real actions, on the other hand, are those affecting title to or possession of real
property, or interest therein.
In accordance with the wordings of Sec. 1 of Rule 4, 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. (Irene Marcos-Araneta vs. CA)
(i) Rules on indigent litigants (Spouses Algura v. The Local Government Unit of the
City of Naga, et al. GR No. 150135, October 30, 2006)
Who is an indigent under Section 19 of Rule 141?
(1) The applicants gross income and that of the applicant's immediate family do not
exceed an amount double the monthly minimum wage of an employee; and
(2) The applicant does not own real property with a fair market value of more than Three
Hundred Thousand Pesos (PhP 300,000.00).
If the trial court finds that the applicant meets the income and property requirements,
the authority to litigate as indigent litigant is automatically granted and the grant is a
matter of right.
If the applicant for exemption meets the salary and property requirements under Sec. 19
of Rule 141, then the grant of the application is mandatory. On the other hand, when the
application does not satisfy one or both requirements, then the applicant should not be
denied outright; instead the court should apply the indigency test under Section 21 of
Rule 3 and use its sound discretion in determining the merits of the prayer for
exemption.