CIVIL PROCEDURE

CONSTITUTIONAL BASIS

BAR MATTER NO. 803

PURPOSE OF CIVIL PROCEDURE

GENERAL PROVISIONS

APPLICABILITY

UNIFORM PROCEDURE IN RTC AND MTC

*EXCEPTIONS

RETROACTIVE APPLICATION

*EXCEPTIONS

LIBERAL CONSTRUCTION

WHEN PROPER?

REQUISITES FOR THE APPLICATION OF LIBERAL CONSTRUCTION

WHEN NOT PROPER

CIVIL ACTIONS

CIVIL ACTION

FORMS OF CIVIL ACTIONS

APPLICABLE RULES

WHEN NOT APPLICABLE

HOW COMMENCED

COMPALINTS AND PLEADINGS

COMPLAINT
PLEADING

PLEADEINGS ALLOWED

PARTS OF A PLEADING

JURISDICTION

WHAT IS JURISDICTION?

ASPECTS OF JURISDICTION

BATAS PAMBANSA BLG. 123 AS AMENDED BY RA 7691

JURISDICTION OVER THE PARTIES

VENUE

VENUE OF REAL AND PERSONAL ACTIONS

EXCLUSIVE VENUE

LIMITAION ON EXCLUSIVITY OF VENUE

PARTIES TO A CIVIL ACTION

A. PLAINTIFF AND DEFENDANT

B. REAL PARTY IN INTEREST

C. JOINDER AND MISJOINDER OF PARTIES

D. INDISPENSABLE AND NECESSARY PARTIES

E. CLASS SUIT

F. DEATH OR SEPARATION OF A PARTY

G. TRANSFER OF INTEREST

H. CONTRACTUAL MONEY CLAIMS

CAUSES OF ACTION

CAUSE OF ACTION

SPLLITTING A SINGLE CAUSE OF ACTION

JOINDER AND MISJOINDER OF CAUSES OF ACTION

MANNER OF MAKING ALLEGATIONS

ALTERNATIVE CAUSES OF ACTIONS OR DEFENSES

CONDITIONS PRECEDENT

CAPACITY OF THE PARTIES

GENERAL AND SPECIFIC AVERMENTS

ACTIONABLE DOCUMENTS

SPECIFIC DENIAL

NEGATIVE PREGNANT

AMENDED AND SUPPLEMENTAL PLEADINGS

KINDS OF AMENDMENTS

HOW FILED?

EFFECT OF AMENDMENT

AMENDMENT DURING TRIAL STAGE

DIFFERENCE BETWEEN AMENDED AND SUPPLEMENTAL PLEADING

EFFECT OF SUPPLEMENTAL PLEADING

SUMMONS

WHAT IS SUMMONS

WHO ISSUES SUMMONS

WHO SERVES SUMMONS

KINDS OF SERVICE OF SUMMONGS

1. PERSONAL SERVICE

2. SUBSTITUTED SERVICE

3. EXTRATERRITORIAL SERVICE

HOW IS SUMMONS SERVED?

1. DOMESTIC PROVITE JURIDICAL ENTITY

2. DEFENDANT WITHOUT JURIDICAL ENTITY

3. FOREIGN PRIVATE JURIDICAL ENTITY

4. PUBLIC CORPORATION

5. PRISONER

6. MINOR OR INCOMPETENET PERSON

7. IDENTITY OR WHEREABOUT IS UNKNOWN

8. RESIDENT BUT TEMPORAROILY OUTSIDE THE PHILIPPINES

9. BY PUBLICATION

VOLUNTARY APPEARANCE

BILL OF PARTICULARS OR DEFINITE STATEMENT

*EFFECT OF NON-COMPLIANCE OR INSUFFICIENT COMPLIANCE

WHEN TO FILE RESPONSIVE PLEADINGS

ANSWER

WHEN TO FILE AN ANSWER

FORMS OF DEFENSES

TYPES OF SPECIFIC DENIAL

AFFIRMATIVE DEFENSE

NEGATIVE PREGNANT

REPLY

COMPUTAION OF TIME

EFFECT OF FAILURE TO PLEAD

DEFAULT

*WHEN NOT ALLOWED

REMEDY AGAINST AN ORDER OF DEFAULT

FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

HOW DONE?

SUBSTITUTED SERVICE OF PLEADINGS AND PAPERS

MOTIONS

MOTION

CONTENTS OF A MOTION

1. NOTICE OF HEARING

KINDS OF MOTIONS

1. EX-PARTE MOTION

2. LITIGATED MOTION

OMNIBUS MOTION RUKE

MOTION TO DIMISS

GROUNDS FOR MOTION TO DIMISS

FAILURE TO STATE A CAUSE OF ACTION VS LACK OF CAUSE OF ACTION

REMEDY IF DENIED

ELEMENTS OF RES JUDICATA

DISMISSAL OF ACTIONS

NOTICE OF DISMISSAL

DISMISSAL AFTER ANSWER

TWO-DISMISSAL RULE

FAILURE TO PROSECUTE

PRE-TIRAL

WHAT TO CONSIDER

PURPOSE OF PRE-TRIAL

EFFECT OF FAILURE TO APPEAR

EFFECT OF FAILURE TO FILE PRE-TRIAL BRIEF

INTERVENTION

COMPLAINT IN INTERVENTION

ANSWER IN INTERVENTION

CALENDAR OF CASES

ASSIGNMENT OF CASES

RAFFLE

SUBPOENA
SUBPOENA TO PRISONERS

QUASHAL OF SUBPOENA

SUBPOENA DUCES TECUM

SUBPOENA AD TESTIFICANDUM

COMPUTAION OF TIME

HOW TO COMPUTE

EFFECT OF INTERRUPTION

RULES OF DISCOVERY

DEPOSTION

PURPOSE OF DEPOSITION

DEPOSITION PENDING ACTION

*WHEN AND HOW AVAILED

*BEFORE WHOM TAKEN

- IN THE PHILIPPINES

- IN FOREIGN COUNTRIES

a) LETTER ROGATORY

b) COMMISSION

DEPOSTION BEFORE ACTION

1. VENUE

DEPOSITION PENDING APPEAL

INTERROGATORIES TO PARTIES

ADMISSION BY ADVERSE PARTY

PRODUCTION OF INSPECTION OF DOCUMENTS OR THINGS

PHYSICAL AND MENTAL EXAMINATION

REFUSAL TO COMPLY WITH MODES OF DISCOVERY

TRIAL

ORDER OF TRIAL

1. PLAINTIFFS EVIDENCE
2. CROSS EXAMINATIONO
3. DEFENDANTS EVIDENCE
4. FORMAL OFFER OF EXHIBITS
5. CROSS EXAMINATION
6. FORMAL OFFER OF EXHIBITS
7. THIRD PARY ETC DEFENDANTS EVIDENCE
8. FORMAL OFFER OF EXHIBITS
9. REBUTTAL EVIDENCE
10. SUB REBUTTAL EVIDENCE

CONSOLIDATION AND SEVERANCE

TRIAL WITH ASSESSOR

TRIAL BY COMMISSIONER

RULES ON SUMMARY PROCEDURE

A) FORCIBLE ENTRY AND UNLAWFUL DETAINER

RULES ON SMALL CLAIMS CASES

CLAIM OR DEMAND GOVERNED

HOW COMMENCED

VENUE

DISMISSAL OF CLAIMS

RESPONSE AND COUNTERCLAIMS

PROHIBITED MOTIONS
DECISIONS

DEMURRER TO EVIDENCE