CAUSE OF ACTION - There must be a right and there must be a violation of a right

(Rule 2)

COMPLAINT - Determines the venue (Rule 4); it is exclusive and includes the
parties (Rule 3), docket fees and interrupts the prescription period

SUMMONS - In the US = filed by the plaintiff, in the PHIL = filed by the Branch
(Rule 14) Clerk of Court; in the US = served by anyone, in the PHIL = served by
the sheriff ; MTD is discouraged

ANSWER - Is a pleading, not a motion; defense is negative/affirmative

PRE-TRIAL (Rule 18)

- Pre-trial brief is submitted and analyzed 3 days before Pre-trial

- Evidence is pre-marked and presented

TRIAL (Rule 30)
- This is where examination and cross-examination occurs

JUDGMENT - This is not final

(Rule 36)

POST JUDGMENT - Before finality = Rule 42-45

REMEDIES - After finality = Rule 65, 47 and 38

EXECUTION - There must be a writ of execution which contains: garnishment,

attachment and laches; must be in toto, based on compromise
Detailed Overview of Civil Procedure

CAUSE OF ACTION (Rule 2) = is there a need to file Barangay?

Yes = RA 1760, applies. If settlement is reached, there must be a compromise agreement. If no

settlement is reached, Certificate to File Action (CFA) is issued. Which leads to the filing of a Complaint.

No = Complaint is filed directly.

COMPLAINT contains:

a) Docket fees
b) Verification
c) Certificate against non-forum shopping
d) Provisional remedies
e) Raffle of cases
f) Venue (Rule 4)
g) Jurisdiction
h) Parties (Rule 3)

SUMMONS (Rule 14)

If NOT SERVED = archived; summons by publications

If SERVED

Defendant may file:

a) Motion for Time

b) Bill of Particulars
c) Motion to Dismiss
d) Modes of Discovery
e) Motion for Reconsideration
f) Motion to Lift
g) Motion for Summary Judgment

Plaintiff may file:

a) Notice of Dismissal
b) Motion to Withdraw
c) Amendment /Supplemental Complaint
d) Motion to Declare Defendant in Default
e) Motion to Archive
Defendant files an ANSWER

a) Counterclaim (permissive/compulsory)
b) Crossclaim
c) Intervention
• Defenses (affirmative/negative)
• When to file responsive pleadings
• Amended and supplementary answer
1) Opposition to various motions
2) Amended or supplementary pleading (Rule 10)
3) Discovery procedures

Plaintiff files an ANSWER

a) Motion for Judgment on the Pleadings

b) Amended and Supplemental Complaint
c) Motion to Expunge
d) Answer to Counterclaim
e) Motion for Summary Judgments
f) Modes of Discovery
g) Motion to Dismiss (Rule 16)
h) Reply
i) Motion to Set Case for Pre-Trial

b and i will lead to a PRE-TRIAL (Rule 18)

a) Mediation Conference
b) Pre-marking of Exhibits
c) Preliminary Conference
d) Pre-trial Brief
e) Pre-trial Order
f) Discovery Procedure (Rule 23-29)
g) Judicial Dispute Resolution (JDR)

If REACHED = a compromise agreement shall be signed and submitted to the court by the parties

If NOT REACHED = mediation conference is terminated and case will be referred back to the court for
continuation of proceedings

TRIAL (Rule 30)

a) Order of Trial (130 and 132)

b) Order of Examination of Witness
c) Trial by Commissioner (Rule 32)
 d) Consolidation or Severance (Rule 31)
e) Subpoena (Rule 21)

Plaintiff’s Evidence-in-Chief

• Documentary
• Testimonial

Formal Offer of Exhibits = after the plaintiff is finished presenting his evidence-in-chief

Objections or Oppositions = to formal offer of exhibits by defendant

Order of Admission = of exhibits is issued by the court

PLAINTIFF RESTS HIS CASE

After PLAINTIFF rests his case, Defendant has 2 options

1) Defendant presents his evidence-in-chief : wherein Defendant files his offer of exhibits
2) Defendant files a DEMURRER TO EVIDENCE (Rule 33)
a) If GRANTED = case is dismissed
b) If DENIED = defendant presents evidence
c) If GRANTED but ON APPEAL = order of dismissal is reversed, defendant is deemed to have
waived his right to present evidence

If PLAINTIFF files his objection or opposition to the formal offer of exhibits

COURT issues an order admitting the exhibits

DEFENDANT rests his case

3rd/4th (etc) Plaintiff and Defendant presents evidence

• Same order of presentation of witness

• Same rules with the plaintiff and defendant

3rd/4th (etc) Plaintiff/Defendant rests his case

Plaintiff presents rebuttal evidence

• Same rules on the presentation of witness

• Same rules on formal offer and admission of exhibits

Defendant presents sur-rebuttal – same rules apply

3rd/4th (etc) party Defendant and Plaintiff presents rebuttal and sur-rebuttal evidence
Court may direct the parties to file their respective memorandum

JUDGMENT (Rule 36)

a) Contents of judgment
b) Entry of judgment

POST JUDGMENT REMEDY

Before Finality

a) Motion for Reconsideration (Rule 37)

b) Motion for New Trial (Rule 37)
c) Appeal (Rule 40-45)

After Finality

a) Petition for Relief (Rule 63)

b) Annulment of Judgment (Rule 47)
c) Petition for Certiorari (Rule 45 or Rule 65)

EXECUTION

a) Writ of Execution
b) Satisfaction of Judgment