J. GUERRERO B.

Quinones CIVIL PROCEDURE FLOWCHART A2027

1.Splitting
TEST: “Admitting the truth of the facts alleged, can the court render a
valid judgment in accordance with the prayer?” (Sps Zepeda v. CBC]
CAUSE OF ACTION (1) Act/Omission of a party which (2) violates a (3) right
of another 2.Joinder/Misjoinder

Venue Filing & Payment of docket fees = Jurisdictional

1.Real Property: where real property is located (local) Filing: To present pleading to Clerk of Court (thru GEPS xd)
2.Personal Property: (transitory)
c. Resident Defendant: where plaintiff or defendant resides Non-payment = automatic dismissal [Manchester Rule]
d. Non-resident in PH: where he may be found, at election of plaintiff Non-payment = court may allow within reasonable time; as long
e. Non-Resident out PH: where plaintiff resides or where property is situated as within prescriptive period [Sun Insurance]
f. PH citizen temporarily out PH: where plaintiff or defendant resides
3. Small Claims - if plaintiff is in the business of lending, banking or similar activities and XPN: If party concealed the amount of damages to pay a
has a branch where the defendant resides: file where defendant resides smaller amount, Manchester and Sun Insurance does not apply.

Elements of a Complaint
COMPLAINT Parties
1.Cause/s of Action 1.Real parties-in-interest - stands to be benefited/injured
a.Alternative Causes of Action Conditions Precedent to
2.Indispensable parties - without them no final
2.Conditions Precedent filing a complaint: adjudication
3.Capacity to Sue 1.Barangay Conciliation 3.Representatives as parties - trustee, executor/admin,
4.Averments of fraud, mistake, conditions of mind - stated w particularity [Katarungang Pambrgy party authorized by law
Law] Modes of Service:
5.Actionable documents - (1) substance set forth in pleading (2) original 4.Necessary parties - not indispensable but ought to be 1.Personal [hand him a copy]
2.Earnest efforts to joined 2.Registered Mail
attached, clearly marked compromise between 3.Substituted [3 attempts; 2 diff dates]
6.Requirements in Judicial Affidavit Rule - JA’s must be filed and served 5 family members [Article
5.Indigent parties - gross income does not exceed 2x min. 4.Ordinary Mail
days before pre-trial 151, FC] wage; no sufficient property 5.Electronic
6.Pro-forma parties - required to be joined by law

SUMMONS / VOLUNTARY APPEARANCE / PUBLICATION Effect of Voluntary Appearance

1.Equivalent to service of summons, esp. when
Manner of Service of Summons you seek other affirmative reliefs.
1.In PH: Personal or Registered Mail When service by Publication Allowed [w leave of 2.When summons improperly served, duty of court
2.If domestic private entity: give to Pres., Managing, Partner, Corp. Sec, Treasurer court] to deputize counsel to serve summons
3.If foreign private juridical entity: (1) give to agent/ gov’t official. (2) personally/with leave 1.Identity of defendant is unknown
of court /through court with DFA (3) publication & registered mail at last known address 2.Whereabouts are unknown; can’t be found by Return
4.If extraterritorial service: (1) personal, with leave of court (Hague Convention) (2) diligent inquiry Personally or Registered Mail
publication & registered mail at last known address 3.Temporarily Outside PH - original document to clerk
4.If temporarily outside, convert to in rem/quasi in - copy to counsel
When extraterritorial service allowed: [only applies in quasi/in rem not in personam] rem by attachment
1.The action affects the personal status of plaintiff By Sheriff
2.relates to or the subject property property is within the Philippines 1. Personally or
3.Action in which relief is demanded excludes defendant 2. Substituted service
4.When property of defendant has been attached in the Philippines

AMENDMENT OF PLEADING BILL OF PARTICULARS MOTION TO DISMISS

Plaintiff
1.As a matter of right - Once before answer Why matter not averred with particularity Defendant
1.Upon notice - Matter of right; before answer
2.By leave of court - After answer; If amendment is substantial 1.JJV-CLN-WUC
2.Upon motion- Upon approval of the court; CC not
cannot be waived
included
note: No amendment necessary - when issues not raised by the 1.LJ, LP, RJ, Pr
3.Due to his fault - fails to appear/present
pleadings are tried with the express or implied consent of the parties, evidence/prosecute ; dismissed upon motion of
defendant

ANSWER Defenses: DEFAULT

1.Affirmative defenses – allegation of new matter
a.may also include grounds for dismissal
Period to File Answer: 30d from service of summons [LJ,LP,RJ]
1.If foreign private entity 2.Negative – specific denial, disavowal of knowledge
a.30d - if they have officer/resident agent in PH Remedies in case of default: *Chance to present Evidence?
3.Alternative Defenses - alternatively or hypothetically 1.Before judgement - (1) motion to set aside order of default - YES
b.60d - if served to gov’t official designated by law but must be consistent [ex. ownership or possession
2.If extraterritorial service/publication - Time specified by court, but 2.After judgement (can’t be availed of alternatively)
in good faith] a.Motion for New Trial: 15d from notice of default - YES
not less than 60d 4.Defenses based on documents - genuineness and
3.Answer to amended complaint - 30d as a matter of right, 15d b.Petition for relief from judgement: after J is F&E; YES
due execution deemed admitted unless specifically c.Appeal - for being contrary to law/evidence - NO
matter of discretion denied under oath;
4.Answer to counterclaim - 20d d.Petition for Certiorari - NO
a.xpn: adverse party not a party to the document
5.Answer to third party complaint - 30d
6.1 extension of 30d (for meritorious reasons)
REPLY plaintiff can reply only if defendant attaches an actionable document in their answer.

Duty to Appear: JA Rule; parties must file and serve their JA’s 5d After last pleading has been served and filed
Plaintiff – failure: dismissal with
prejudice
before PT PRE-TRIAL Pre-trial brief: filed and served at least 3 days prior pre-trial
Defendant – failure: allow plaintiff to
1. Failure to comply = Waived their submission
present ex parte 2. Court may allow 1 late submission for valid CAM JDR
reasons; not unduly prejudice opposing party Facilitator: Court-accredited Facilitator: JDR Judge
3. Party should attend the hearing mediator When: After failed CAM [the judge must
4. If counsel absent = waive cross examine When: After pre-trial determine that settlement is still possible]

TRIAL Upon entry in calendar, clerk

shall notify parties at least
DEMURRER TO EVIDENCE 5 days prior
Upon facts & law plaintiff has shown no right to relief

JUDGMENT ON PLEADINGS SUMMARY JUDGMENTS

Not Allowed:
1.Dec. of nullity of marriage 1.No issue at all 1.There is no genuine issue Can be raised by
2.Annulment 2.Always full judgment 2.Partial judgment allowed 1.Claimant - after answer
3.Legal separation 3.Answer fails to render issue 3.No genuine issue as to material fact 2.Defendant - any time
4.Answer admits material allegations
FINAL FINAL AND EXECUTORY
Disposes of case. Pending appeal JUDGMENT / FINAL ORDERS Expiration of period to appeal.
Determines the case Execution is a matter of right
In writing
Personally & directly prepared by judge
Stating fats and law
MOTION FOR NEW TRIAL Signed & filed with clerk
MOTION FOR RECONSIDERATION
Grounds:
Grounds:
1.Damages excessive
1.FAME : must be accompanied by affidavit of merit
2.Evidence insufficient
2.Newly discovered evidence: could not have been discovered with reasonable diligence . If
3.Decision is contrary to law
presented, would alter result COURT TO
GRANTED RESOLVE W/IN DENIED
Original judgment VACATED 30 DAYS Execution of judgment
Recorded evidence included

APPEAL (see appeals)