Beruflich Dokumente
Kultur Dokumente
I. COMPLAINT
filing a complaint/petition is when a civil action is commenced.
complaint is the FIRST PLEADING filed with the court.(to sue another for the
enforcement or protection of a right, or the prevention or redress of a wrong.)
B. JURISDICTION
motu proprio (court's own action)
rules on jurisdiction are found in substantive law, not procedural law.
C. VENUE
-place where action is filed
-cannot dismiss a case motu proprio due to wrong venue
-determine if action involves real property or personal property (residence of P/D)
-if parties have agreed in writing a specific venue, no other venue is available.
D. PARTY
-indispensable party (joinder is compulsory;
-necessary party (does not prevent the court from proceeding but no complete
relief)
G. PROVISIONAL REMEDIES
-writ of preliminary attachment (secure future execution of judgment)
-preliminary mandatory injuction (restore possession of property during pendency of
case)
-support pendente lite (court orders defendant to support plaintiff during
pendency)
H. FILING OF THE COMPLAINT
-filing of complaint is the act of presenting the same before the clerk of court
-court acquires jursidiciton ONLY UPON PAYMENT OF DOCKET AND FILING FEES
II. SUMMONS
-upon filing and payment of requisite legal fees, the clerk of court shall issue
the corresponding summons to the defendant directing him to file an answer, and
unless he does so, the court may render a judgment against him by default and grant
the plaintiff the relief applied for.
-summons and copy of complaint shall be served IN PERSON, or in SUBSTITUTED
SERVICE.
-summons by publication is NOT a recognized mode of service for acquiring
jurisdiction.
-service of summons upon defendant enables the court to acquire jurisdiction over
his person (actions in personam). (VOLUNTARY APPEARANCE IN COURT OR SUBMISSION TO
AUTHORITY)
-officer having management of the jail is deemed deputized as a special sheriff for
said purpose.
-defendant's voluntary appearance = service of summons
B. MOTION TO DISMISS
-on grounds of wrong venue CANNOT be automatic
-motu proprio dismissal in lack of jurisdiction over the subject matter, litis
pendentia, res judicata, prescription
-it is an OMNIBUS motion because it attacks a pleading (all objections not included
are deemed waived)
-any of the grounds for dismissal in a motion to dismiss may be pleaded as an
AFFIRMATIVE DEFENSE in the answer.
III. ANSWER
-answer is the responsive pleading to the complaint
-contains both negative and affirmative defenses of the defendant.
A. DEFAULT
-failure to file an answer entitles plaintiff to file a motion to declare in
default, either with or without evidence or proof of such failure.
-no motu proprio decision to declare in default
-if order of default ripens to judgment by default, limit is award prayed for and
no unliquidiated damages.
B. SPECIFIC DENIALS
-material averments must be denied; those not denied are deemed admitted
-judgment on the pleadings (as disclosed in the pleadings, there is no issue or it
admits the material allegations in the complaint; based merely on pleadings) vs
summary judgment (based on pleadings, affidavits, depositions, admission; basis is
absence of a GENUINE issue; example is amount of damages)
IV. PRE-TRIAL
-after last pleading has been served and filed, it is the duty of plaintiff to move
ex parte (with respect to one side only) that the case be set for pre-trial.
-pre-trial is MANDATORY and failure to appear has adverse consequences
-parties shall consider the possibility of an amicable settlement or alternative
modes of dispute resolution.
-use of discovery procedures (depositions, interrogatories to parties, request for
admission, production and inspection of documents, physical and mental examination
of persons)
V. TRIAL
-trial proceeds when there is no amicable settlement
-parties present their evidence on their claims and defenses
-plaintiff first,then defendant presents evidence
-defendant can move for the dismissal of the case by way of a DEMURRER to evidence
(if demurrer is granted, but then appealed and then reversed, defendant is deemed
to have waived his right to present evidence)
-trial is not an indispensable stage of a civil action.
-judgment on compromise may occur without trial.
VI. JUDGMENT
-judgment is rendered AFTER the submission of the evidence of the parties has been
concluded.
-NO ORAL JUDGMENT
-judgment should be in writing, personally and directly prepared by the judge.
signed by him and filed with the clerk of court.
-date of entry of judgment = date of the finality of judgment
SEQUENCE: CSA-PTJ-PE
COMPLAINT
SUMMONS
ANSWER
PRE-TRIAL
TRIAL
JUDGMENT
POST-JUDGMENT REMEDIES
EXECUTION AND SATISFACTION OF JUDGMENTS