CIVIL PROCEDURE IN A NUTSHELL

(a work in progress, for the love of you )

LEVEL ONE: THE TIMELINE OF A CIVIL ACTION (Introduction)

Filing of the Complaint Service of Summons Filing of the Answer

Finality of Judgment Rendition of Judgment Trial Pre-trial
Execution of Judgment.

I. Filing of complaint:

1. What is a complaint?
2. When is it deemed filed?
3. What is the purpose of filing the complaint?
4. What is a docket fee?
5. How is the filing fee determined?
6. What is the effect if the filing fee is not paid?

II. Service of Summons:

1. What is a summons?
2. Who may serve a summons?
3. Upon whom must summons be served if the defendant is a
natural person?
4. Upon whom must summons be served if the defendant is a public
juridical person?
5. Upon whom must summons be served if the defendant is a
private entity?
6. Upon whom must summons be served if the defendant is a
foreign private entity conducting business in the Philippines?
7. Upon whom must summons be served if the defendant is a
foreign private entity not conducting business in the Philippines?
8. How may summons be served?
9. What is the proof that summons has been served?

III. Filing of the Answer:

1. What is an answer?
2. How is the answer served?
3. How is the answer filed?
4. What may happen if an answer is not filed?

IV. Pre-trial:

1. What is pre-trial?
2. What is a preliminary conference under the regular rules of civil
procedure?
 3. What is a preliminary conference under Rule on Summary
Procedure?
4. What is a pre-trial brief?
5. What is a pre-trial order?
6. What is the consequence if the plaintiff does not appear during
the pre-trial in actions governed by the regular rules of civil
procedure?
7. What is the consequence if the plaintiff does not appear during
the pre-trial in actions governed by the Rule on Summary
Procedure?
8. What is the consequence if the defendant does not appear during
the pre-trial in actions governed by the regular rules of civil
procedure?
9. What is the consequence if the defendant does not appear during
the pre-trial in actions governed by the Rule on Summary
Procedure?
10. What is the effect if a party fails to file a pre-trial brief?

V. Trial:

1. What is trial?
2. What is evidence?
3. What is the order of trial?
4. When may judgment be rendered without a complete trial?

VI. Rendition of Judgment:

1. What is a judgment?
2. What are the requisites of a valid judgment?
3. When may a judgment be rendered?
4. When may a judgment deemed rendered?
5. What are your remedies against a judgment?
6. What are the kinds of judgments according to the prestation
stated in the fallo?

VII. Finality of Judgment:

1. When does a judgment become final?
2. What can you do so that the judgment will not become final?
3. What are the consequences if the judgment becomes final?
4. What judgments are immediately final, hence, executory?
5. What judgments are immediately executory even if it is not yet
final?
6. What is the doctrine of immutability of a final judgment?
7. What are the exceptions to the doctrine of immutability of
judgment?
8. What are your remedies against a final judgment?

VIII. Execution of Judgment:

1. What is execution of judgment?
 2. What is a writ of execution?
3. What is the duration of the validity of a writ of execution?
4. What are your remedies against a writ of execution?
5. How will you stay the execution of a judgment pending appeal?
6. In general, how may a judgment be executed?
7. What is revival of judgment?
8. How is a judgment for money executed or enforced?
9. How is a judgment for a specific act executed or enforced?
10.How is a special judgment executed or enforced?
11.Who executes a judgment?
12.What is a terceria?
13.What is your remedy if your terceria is denied?

LEVEL TWO: PREPARATION OF THE COMPLAINT (Things that

you must know before you can sit down and prepare a complaint)

I. Determining nature of action

1. What is the nature of an action?
2. How will you determine the nature of an action?
3. What are the different kinds of actions according to their
nature?

II. Determination of cause of action

1. What is a cause of action?

2. What are the elements of a cause of action?
3. What is a right of action?
4. What is splitting a cause of action?
5. When is splitting a cause of action allowed?
6. What is the effect if a cause of action is split?
7. What is a joinder of causes of action?
8. When is a joinder of causes of action allowed?
9. Why is a joinder of causes of action allowed?

III. Determining compliance with conditions precedent

1. What is a condition precedent to the filing of a complaint?
2. Give five examples of conditions precedent?
3. What actions may not require referral to barangay
conciliation?
4. What may the court do if an action is filed without referral for
barangay conciliation?
5. When is an arbitration agreement deemed a condition
precedent?
6. What is the doctrine of non-exhaustion of administrative
remedies?
7. How is the doctrine of non-exhaustion of administrative
remedies similar to the doctrine of primary jurisdiction?
 8. How is the doctrine of non-exhaustion of administrative
remedies different from the doctrine of primary jurisdiction?

IV. Determining which court has jurisdiction

1. What is jurisdiction in civil procedure?

2. What are the aspects of jurisdiction in civil actions?
3. What is original jurisdiction?
4. What is exclusive jurisdiction?
5. What are the actions falling within the exclusive jurisdiction
of Municipal Trial Courts?
6. What are courts are encompassed by the term “Municipal
Trial Court”?
7. What are the actions falling within the exclusive original
jurisdiction of Regional Trial Courts?
8. What actions fall within the concurrent jurisdiction of several
courts?

V. Determining the venue or where to file the action:

1. What is venue?
2. How is it different from jurisdiction?
3. When is there a valid waiver of venue?

VI. Determining the parties

1. Who is a party to an action?
2. What are the requisites before a natural person can become a
party to an action?
3. What are the requisites before an artificial being can become
a party to an action?
4. Who is a real-party-in-interest?
5. What is locus standi?
6. Who is a plaintiff?
7. Who is a defendant?
8. What are the requisites for a valid joinder of parties?

(DO NOT ENTER: STILL UNDER CONSTRUCTION )

VII. PARTS OF THE COMPLAINT

LEVEL THREE: FILING OF THE COMPLAINT

I. THE COMPLAINT
A. MATERIAL ALLEGATIONS
B. ATTACHMENTS
C. APPLICATION FOR PROVISIONAL REMEDIES
D. MODES OF DISCOVERY THAT MAY BE AVAILED OF
II. SERVICE TO DEFENDANT NOT NECESSARY
III. FILING FEES
LEVEL FOUR: THINGS THAT MAY HAPPEN AFTER COMPLAINT IS
FILED

A. COMPLAINT MAY BE DISMISSED MOTU PROPRIO BY THE

COURT
B. COMPLAINT MAY BE DISMISSED BY THE PLAINTIFF
C. A COMPLAINT-IN-INTERVENTION MAY BE FILED
D. SUMMONS MAY BE ISSUED
E. DEFENDANT MAY FILE AN ANSWER EVEN BEFORE
SUMMONS IS ISSUED OR SERVED

LEVEL FIVE: ISSUANCE OF SUMMONS

A. Who signs summonses?

B. What are the contents of a summons?
C.

LEVEL SIX: THINGS MAY HAPPEN AFTER SUMMONS IS ISSUED

A. SUMMONS ISSERVED
B. SUMMONS CANNOT BE SERVED
C. DEFENDANT FILES A MOTION FOR A BILL OF
PARTICULARS
D. DEFENDANT FILES A MOTION TO DISMISS
E. DEFENDANT FILES A THIRD-PARTY COMPLAINT
F. DEFENDANT FILES AN ANSWER, POSSIBLY WITH A
COUNTERCLAIM
LEVEL SEVEN: DEFENDANT FILES AN ANSWER

I. WHAT ARE IN THE ANSWER:

1. DENIALS
2. AFFIRMATIVE DEFENSES
II. DEFENDANT RAISES A COUNTERCLAIM
LEVEL EIGHT: THINGS THAT MAY HAPPED AFTER AN ANSWER IS
FILED

I. HEARING ON THE AFFIRMATIVE DEFENSES

II. PLAINTIFF MAY FILE A REPLY
A. BY WAY OF ANSWER TO COUNTERCLAIM
B. IF THERE IS A NEED TO DENY SOMETHING UNDER
OATH
III. PLAINTIFF MAY FIL