CAUSE OF ACTION Act/Omission of a party which
violates a right of another
COMPLAINT Filing & Payment of docket fees = Jurisdiction
Filing: To present pleading to Clerk of Court
1. Personally
- clerk endorse in pleading time and date of filing
2. by Registered Mail:
- post office stamp signifies the date and time of filing.
- Proof:
(a) registry receipt
(b) affidavit by person mailing
(c) return card
Service:
1. Personal
2. Registered Mail
3. Substituted
4. Ordinary Mail
Venue
1. Real Property: venue of real property
2. Personal Property:
a) Resident Defendant: where plaintiff or defendant resides
b) Non-resident in PH: where he may be found, at election of plaintiff
c) Non-Resident out PH: where plaintiff resides or where property is situated
d) PH citizen temporarily out PH: where plaintiff or defendant resides
VOLUNTARY APPEARANCE / SUMMONS / PUBLICATION
Return
•Personally or Registered Mail
- original document to clerk
- copy to counsel
•By Sheriff
1. Personally or
2. Substituted service
Publication Proof:
1. Affidavit of publisher/ editor + actual copy
of publication
2. Affidavits showing deposit of summons in
post office
Service of Summons
•In PH: Personal or Registered Mail
•If domestic private entity: give to Pres., Managing, Partner, Corp. Sec, Treasurer
•If foreign private juridical entity: give to agent/ gov’t official.
personally/with leave of court /through court with DFA
+ publication & registered mail at last known address
•If extraterritorial service: personal, with leave of court
+ publication & registered mail at last known address
AMENDMENT OF PLEADING
•Once – Notice to Amend
•Subsequent amendments need leave of court
MOTION TO DISMISS
Defendant
•JJVCLRPCUE
Plaintiff
•Matter of right
•Fault – failure to appear & present evidence
BILL OF PARTICULARS Why matter not averred with particularity
ANSWER Affirmative – allegation of new matter
Negative – specific denial, disavowal of knowledge
REPLY
PRE-TRIAL After last pleading has been served and filed
Pre-trial brief: filed and served at least 3 days prior pre-trial
Duty to Appear:
Plaintiff – failure: dismissal with prejudice
Defendant – failure: allow plaintiff to present ex parte
TRIAL Upon entry in calendar, clerk
shall notify parties at least
5 days prior
JUDGMENT ON PLEADINGS
DEMURRER TO EVIDENCE
Upon facts & law plaintiff has shown no right to relief
Not Allowed:
•Dec. of nullity of marriage
•Annulment
•Legal separation
Answer fails to render issue
Answer admits material allegations
No issue at all
Always full judgment SUMMARY JUDGMENTS
Partial judgment allowed
No genuine issue as to material
fact
There is issue but
fictitious
Can be raised by
•Claimant
after answer
•Defendant
any time
JUDGMENT / FINAL ORDERS
Determines the case
•In writing
•Personally & directly prepared by judge
•Stating fats and law
•Signed & filed with clerk
FINAL
Disposes of case. Pending appeal
FINAL AND EXECUTORY
Expiration of period to appeal.
Execution is a matter of right
MOTION FOR RECONSIDERATION
Grounds:
1. Damages excessive
2. Evidence insufficient
3. Decision is contrary to law
GRANTED
•Original judgment VACATED
•Recorded evidence included
DENIED
•Execution of judgment
APPEAL Withdrawal anytime before appellee’s brief
Rule 40
•MTC RTC w/ jurisdiction over area
•15 days after notice
•30 days if record on appeal
•File notice & pay to MTC
•MTC clerk send to RTC
•RTC to notify parties
Rule 42
Appeal to CA (Petition for Review)
• cases decided by RTC in
appellate jurisdiction by PFR
• appellee file w/in 45 days from
receipt of judgment file brief
Rule 43
QJA CA (Petition for Review)
• within 15 days from judgment
•Failure to pay & comply w/
requirements = dismissal
Rule 65
CA,SB,CTA,RTCSC
(Petition for Review on
Certiorari)
• verified petition raising
questions of law &
provisional remedies
DISMISSAL
DISMISSAL
1. Out of time or
2. Non-payment of docket fees
DISMISSAL OF APPEAL
1. Failure to show no its face taken w/in period to appeal
2. Failure to file notice w/in period described
3. Unauthorized alterations
4. Failure to pay docket fees
5. etc
JUDGMENT
Publication of Judgment
•Official Gazette
MNT (CA)
Anytime
Newly discovered evidence Within 15 days from notice
No MR allowed.
CIVIL PROCEDURE FLOWCHART TACUBOY
MOTION FOR NEW TRIAL
Grounds:
1. FAME : must be accompanied by affidavit of merit
2. Newly discovered evidence: could not have been discovered with reasonable diligence . If
presented, would alter result
Rule 41
Appeal to CA: (ordinary)
• cases decided by RTC in exercise of orig jd
•Same title
•Appellant: file w/in 45 days
•All evidence attached
•7 copies of brief, w/ proof of service of 2 copies
COURT TO
RESOLVE
W/IN 30 DAYS
ANNULMENT
Last remedy—cant be resorted if other remedies are available
Through no fault of plaintiff.
Grounds: Extrinsic fraud or lack of JD
(CA over RTC) or (RTC over MTC)
MR CA)
To be resolved by CA
w./in 90 days
To be resolved by CA w./in 90 days
SUPREME COURT
Original jurisdiction
•Prelim Conf (48)
•Oral Argument (49)
•Judgment (51)
•MR (52)
Appellate jurisdiction
•PRC
•Rule 45 Procedure
DISMISSAL
•Not within regl. Prd
•Lack of merit
•Failure to pay DF
•Failure to comply w/ order w/o justifiable cause
•Error in mode of appeal
•Case not appealable to SC
