FIRST STAGE

 Referral to the Barangay

o Effect of amicable settlement and award
 Upon expiration of 10 days from the date thereof – shall
have the effect of Final Judgment, unless repudiated
o Repudiation of settlement
 Within 10 days from date of settlement – any party to the
dispute may repudiate the same by filing with the Lupon
chairman a statement to that effect, sworn to him that
consent is vitiated by:
 Fraud
 Violence
 Intimidation
o Execution of Award
 Within 6 months from settlement – amicable settlement and
arbitration award may be enforced by execution by Lupon
 After 6 months from settlement – settlement may be
enforced by action in appropriate city or municipal court
SECOND STAGE
 Pleadings / Complaint
o Death of Party / Duty of Counsel
 Within 30 days after the death - inform the court of such
death
 Within 30 days from notice – the court shall order the
representative to appear and be substituted
o Death / Separation of a party who is a Public Officer
 Within 30 days after successor takes office – the action may
be continued or maintained by or against the successor if
the public officer dies, resigns or ceased to hold office
o Striking out of pleading / matter contained therein
 Within 20 days upon motion made by party after service of
pleadings upon him - the court may order any pleading to
be stricken out
o Completeness of Service
 Upon expiration of 10 days after mailing – service by
ordinary mail is complete
 After 5 days from date he received notice from the
postmaster – service by registered mail is complete upon
actual receipt by the addressee
THIRD STAGE
 Commencement of Action / Filing of Complaint or Petition with
COC of RTC / MTC / METC
FOURTH STAGE
 Summons
o Return
 Within 5 days when service has been completed – server
shall serve a copy of return, personally or by registered mail
o Issuance of Alias Summons
 Within 5 days from failure of service – the clerk on demand
of the plaintiff, may issue an alias summons
 Motions
o Hearing of Motion
 At least 3 days before date of hearing – notice of hearing
shall be served
o Notice of Hearing
 Not later than 10 days after the filing of motion – notice of
hearing shall be addressed to all parties
o Motion Day
 Friday afternoons
 If non-working – afternoon of the next working day
FIFTH STAGE
 Motion to Dismiss
o Time to plead
 Within balance of period prescribed in Rule 11 – period
within which a movant shall file his answer, if motion is
denied
 Motion for Bills of Particular
o When applied for / Purpose
 Within 10 days from the service – if the pleading is a reply,
motion must be filed within that period
o Compliance with order
 Within 10 days from notice of order – if motion is granted,
motion must be effected within that period
o Stay of period to file a responsive pleading
 Shall not be less than 5 days in any event – filing of
responsive pleading
 Motion to amend as a Matter of Right
 o Amendment as a Matter of Right
 Any time before responsive pleading is serve - party may
amend his pleading once as a matter of right
 Within 10 days after it is served – party may amend his
pleading once as a matter of right, in case of reply
 Motion for Summary Judgment
o Motion and Proceedings thereon
 At least 10 days before the time specified for hearing –
motion shall be served
 At least 3 days before hearing – adverse party may serve
opposing affidavits, depositions or admissions
SIXTH STAGE
 Declaration and Judgment of Default
o Within the time allowed – defending party is in default if fail to
answer
 Relief from order of Default
o Any time after notice, before judgment – file a motion under oath
to set aside the order of Default if failure to answer was due to:
 FAMEN
 Fraud
 Accident
 Mistake
 Excusable Negligence
 Meritorious Defense
SEVENTH STAGE
 Amendment and Supplemental Pleadings
o Amendment as a matter of right
 Any time before responsive pleading is serve - party may
amend his pleading once as a matter of right
 Within 10 days after it is served – party may amend his
pleading once as a matter of right, in case of reply
o Amendment by Leave of Court
 After notice to adverse party and opportunity to be heard –
orders of court must be made upon motion filed in court
o Supplemental Pleadings
 Within 10 days from notice of order admitting the
supplemental pleading – upon motion of a party, the court
may permit him to serve a supplemental pleading upon
reasonable notice and just terms
EIGHT STAGE
 Withdrawal of Complaint
o Dismissal upon notice by Plaintiff
 Any time before service of answer or motion for summary
judgment – a complaint may be dismissed by plaintiff by
filing a notice of dismissal
NINTH STAGE
Answer
 Answer to the complaint
o Within 15 days after service of summons
 Answer of a defendant foreign juridical entity
o Within 30 days after receipt of summon by such entity
 Answer to amended complaint
o Within 15 days after being served with copy – the defendant shall file
his answer to the amended complaint
o Within 10 days from notice of order admitting the same – if filing of
such is not a matter of right, the defendant shall file his answer to
the amended complaint
 Answer to counterclaim or cross-claim
o Within 10 days from service
 Answer to third, fourth etc. party complaint
o Within 15 days from service
 Reply
o Within 10 days of service of pleading responded to
 Answer to supplemental complaint
o Within 10 days from notice of order admitting the same
TENTH STAGE
 Judgment on the Pleadings
ELEVENTH STAGE
 Third, fourth etc. party complaint
TWELFT STAGE
 Reply
o Period to file
 Within 10 days from service of pleading responded to
THIRTEENTH STAGE
Rejoinder
 Rule on Dispending with Rejoinder
o Upon the filing of a Reply (when required), no REJOINDER shall
be required by the Court
o Instead, the Court shall resolve either to:
 (a) give due course to the petition and either consider the
case submitted for decision based on the pleadings or
require the parties to submit their respective memoranda;
or
 (b) deny or dismiss the petition, as the case may be.
 Period to File Rejoinder
o After filing a reply
FOURTEENTH STAGE
 Pre-Trial
o When conducted
 After last pleading has been served and filed, it is the duty
of the plaintiff to move ex-parte that the case be set for pre-
trial
 Specifically, motion is to be filed within five days after
the last pleading joining the issue has been served and
filed
o Not later than 30 days after the last answer is filed
 Preliminary conference shall be held
o Referral to Philippine Mediation Center
 At start of Preliminary Conference
o Atleast 3 days before the date of Pre-Trial
 Parties shall file with court their respective Pre-Trial Briefs
which shall serve on the adverse party
o Within 10 days upon Termination of Pre-Trial
 Pre-Trial Order shall be issued
o One Day Examination of Witness Rule
FIFTEENTH STAGE
 Order of Trial
o Notice of Trial
 Atleast 5 days before such date - the clerk shall notify the
parties of the date of its trial in such a manner as shall
ensure his receipt of that notice
o Session Hours of Trial
  8:30 am – noon
 2:00 pm – 4:30 pm
 Monday – Friday
o Morning
 Conduct of Trial
o Afternoon
 Pre-Trial Conference
 Writing of Decisions, Resolutions, or
Orders
 Continuation of the Trial on Merits
o Adjournments of Trial
 Day to day and to any stated time
o Limitation on the authority to adjourn
 Longer than one month for each adjournment nor more
than 3 months in all
 Except, authorized in writing by Court Administrator
o Motion for Postponement
 Should not be filed on last hour
SIXTEENTH STAGE
 Formal Offer of Exhibits
SEVENTEENTH STAGE
 Demurrer to Evidence
o After the plaintiff has completed the presentation of his Evidence
EIGHTEENTH STAGE
 Presentation of Defendant’s Evidence
o Direct Examination
 Presenting Facts Relevant to issue
o Cross Examination
 Upon termination of Direct Examination, witness may be
cross-examined
o Re-direct Examination
 After the cross-examination of the witness has been
concluded
o Re-cross Examination
 Upon the conclusion of re-direct examination
o Recalling witness
 After the examination of a witness by both sides has been
concluded
NINETEENTH STAGE
 Defendant’s Formal Offer of Exhibits
TWENTIETH STAGE
 Third-Party Plaintiff’s / Defendant’s Presentation of Evidence
TWENTY-FIRST STAGE
 Plaintiff’s Rebuttal of Evidence
TWENTY-SECOND STAGE
 Defendant’s sur-rebuttal Evidence
TWENTY-THIRD STAGE
 Memorandum
TWENTY-FOURTH STAGE
 Intervention
o Time to intervene
 Any time before the rendition of judgment by the Trial
Court
o Answer to complain-in-intervention
 Within 15 days from notice of the order admitting the
same, unless different period is fixed by court
TWENTY-FIFTH STAGE
 Decision
o Date of its entry
 Date of finality of the Judgment or Final Order
TWENTY-SIXTH STAGE
 Remedies before Finality of Judgment
 New Trial or Reconsideration (Rule 37)
o Within the period for taking an appeal – the aggrieved party may
move the trial court to set aside the judgment or final order and
grant new trial due to:
 FAMEN
 Fraud
 Accident
 Mistake
 Excusable Negligence
  Newly discovered Evidence
o Within the same period – the aggrieved party may move for
reconsideration due to:
 Excessive Damages Awards
 Evidence is insufficient to justify decision or final order
 Decision or Final Order is Contrary to Law
o Resolution
 Within 30 days from the time it is submitted for resolution
– motion for new trial or reconsideration must be resolved
o Second Motion for New Trial
 Within the time herein provided excluding the time during
which the first motion has been pending – a motion for
second motion for new trial may be filed
 Appeals
 Rule 40 (MTC to RTC)
o Where to Appeal
 Within 15days after notice to the appellant of judgment or
final order appealed from – appeal may be taken
 Within 30 days after notice of the judgment or final order –
where a record on appeal is required, it is the period where
the appellant shall file a notice on appeal and a record on
appeal
 Period of appeal is interrupted – by a timely motion for
new trial or reconsideration
o Procedure in RTC
 Upon receipt of complete record or record on appeal – the
COC of RTC shall notify the parties of such fact
 Within 15 days from such notice – it shall be the duty of
appellant to submit a memorandum which discuss errors
imputed to lower court (copy shall be furnished by him to
adverse party)
 Within 15 days from receipts of appellants memorandum –
the appellee may file his memorandum
 Upon filing of memorandum of appellee or expiration of
period to do so – the case shall be considered submitted
for decision
 Rule 41 (Ordinary Appeal, RTC-CA)
o Period of Ordinary Appeal
 Within 15 days from the notice of the judgment or final
order appealed from
  Within 30 days from notice of the judgment or final order –
where a record of an appeal is required, appellant shall file
a notice of appeal and a record on appeal
o Appellate court docket and lawful fees
 Within the period for taking an appeal – the appellant shall
pay such fees to the COC which rendered judgment or final
order appealed from
o Approval of record on appeal
 Within 5 days from receipt of copy of record on appeal –
the trial court may approved it as presented or upon its
own motion or at the instance of the appellee, may direct
its amendment by the inclusion of omitted matters which is
deemed essential to the determination of the issue of law
or fact involved on appeal
 Within time limited in the order or within 10 days from
receipt thereof if no time is fixed – the appellant if the trial
court orders the amendment of the record, redraft the
record by including, in their proper chronological sequence,
such additional matters as the court may have directed
him to incorporate
o Joint Record on Appeal
 Within 15 days from the notice of the judgment or final
order appealed from
o Duty of clerk of court of lower court upon perfection of an appeal
 Within 30 days after perfection of all the appeals – the
COC shall:
o A – D page 129 (codal)
o Transmittal
 Within 30 days from the perfection of an appeal – the COC
shall transmit to the appellate court the original record or
the approved record on appeal together with:
o Proof of payment of lawful or docket fees
o Certified true copy of the minutes of the
proceedings
o Order of Approval
o Certificate of Correctness
o Original Documentary Evidence
o Original and 3 copies of Transcripts
 Rule 42 (Petition for Review, RTC – CA)
 Within 15 days from notice of the decision sought to be
reviewed or of the denial of petitioner’s motion for new
 trial or reconsideration filed in due time after judgment –
period when petition may be filed and served
 Additional Period of 15 days only to file a petition for
review – before the expiration of reglementary period, CA
may grant this upon proper motion and payment of full
lawful and docket fee and deposits for costs
o Action on the Petition
 Within 10 days from notice – the CA may require the
respondents to file a comment on the petition and not a
motion to dismiss
o Elevation of Record
 Within 15 days from notice – whenever CA deems it
necessary, it may order the COC of RTC to elevate the
original record of the case including oral and documentary
evidence
o Submission for Decision
 Within 15 days from notice – if petition is given due
course, the CA may set the case for oral argument or
require the parties to submit memoranda
 Rule 43 (Quasi-Judicial Agencies to CA)
o CSC, Central Board Asssessment Appeals, SEC, OP, LRA,
Social Security Commission, Civil Aeronautics Board,
Bureau of Patents, Trademarks and Tech Transfer,
National Electrification Admin, ERB, NTC, DAR, GSIS, ECC,
BOI etc.
 Not covered – those under Labor Code of the
Philippines
o Period of Appeal
 Within 15 days from notice of award, judgment, final order
or resolution, or from the date of its last publication and in
manner herein provided, whether questions of fact or law
or both
 Additional 15 days only within which to file petition for
review – upon proper motion and payment of the full
amount of docket fee before the expiration of
reglementary period
o How Appeal is Taken
 Within 15 days from notice of denial – the petitioner shall
pay the docket and other lawful fees and deposit for cost if
CA denies the motion
o Action of the petition
  Within 10 days from notice – the CA may require
respondent to file a comment on the petition and not a
motion to dismiss
o Comment
 Within 10 days from notice in 7 eligible copies
accompanied by clearly legible certified true copies
o Transmittal of Record
 Within 15 days from notice that the petition has been
given due course – CA may require the court or agency
concerned to transmit the original or legible certified true
copies of entire record of the proceedings
o Submission for Decision
 Within 15 days from notice – if petition is given due
course, CA may set the case for oral argument or require
parties to submit written memoranda
 Rule 45 (Petition for Review on Certiorari to SC)
o Time for Filing
 Within 15 days form notice of the final judgment or final
order or resolution appealed from or denial of motion for
new trial or reconsideration
 SC grant an extension of 30 days only for justifiable
reasons within which to file the petition.
o Due course; Elevation of Record
 Within 15 days from notice – if petition is given due
course, the SC may require elevation the elevation of the
complete record of the case or specified parts
 Rule 65 (Petition for Certiorari, Prohibition and Mandamus)
o When and where to file the Petition
 Not later than 60 days from the notice of Judgment
 Not later than 60 days from the denial of motion – in case
of motion for new trial or reconsideration is timely filed,
whether such motion is required or not
o Order to comment
 Within 10 days from the receipt of copy – court shall issue
an order requiring the respondent/s to comment on the
petition
o Injunctive Relief
 Within 10 days from filing of a petition for certiorari with
higher court or tribunal in absence of TRO or PI or upon its
expiration – the public respondent shall proceed with the
principal case
TWENTY-SEVENTH STAGE
 Remedies after Finality of Judgment
 Rule 38 (Relief from Judgment, orders or other proceedings)
 Petition for relief from Judgment
o Time for filing the petition
 Within 60 days after the petitioner learns of the judgment,
final orders, or other proceedings to be set aside
 Not more than 6 months after such judgment or final order
was entered or such proceedings was taken
o Order to file an answer
 Within 15 days from the receipt thereof
 Rule 47 (Annulment of Judgments or Final order and
Resolutions)
o Period for filing action
 Within 4 years from its discovery – if based on extrinsic
fraud
 Before it is barred by laches or estoppel – if based on lack
of jurisdiction
 Rule 65 (Certiorari)
 Collateral Attack of Judgment
TWENTY-EIGHT STAGE
 Rule 39 (Execution)
o Execution by motion or by independent action
 Within 5 days from the date of its entry – final and
executory judgment or order may be executed by motion
 After the lapse of such time and before it is barred by the
statute of limitations – judgment may be enforced by
action
 Within 5 days from the date of its entry and thereafter by
action before it is barred by the statute of limitation –
revived judgment may also be enforced by motion
o Garnishment of debts and credits
 Within 5 days from service of notice of garnishment stating
whether or not the judgment obligor has sufficient funds or
credits – garnishee shall make a written report to the court
 Within 10 working days from service of notice on said
garnishee requiring such delivery – garnished amount in
cash or certified bank check issued in the name of
judgment oblige
o Return of writ of execution
 Within 30 days after his receipt of the writ – the officer
shall report to the court and state the reason thereof if
judgment cannot be satisfied in part or in full
 Every 30 days on the proceedings taken thereon until the
judgment is satisfied in full – officer shall make a report to
the court
o Notice of sale of property on execution
 Notice in 3 public places for not less than 5 days –
personal property
 Notice in 3 public places for 20 days – real property
 Notice once a week for 2 consecutive weeks – if the
assessed value of real property exceeds 50,000
 Atleast 3 days before the sale – written notice of sale shall
be given to the judgment obligor
o Redemption Period
 Within 1 year from the date of registration of the
certificate of sale – right of redemption
 Within 60 days after the last redemption upon payment of
the sum paid on the last redemption – property so
redeemed may again be redeemed
 No redemption within 1 year from the date of registration
of the certificate of sale – the purchaser is entitled to
conveyance and possession of property
 Lapse of 60 days, no other redemption made – the last
redemptioner is entitled to conveyance and possession