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I.

Filing a complaint:
1. What is a complaint?

- Section 3, Rule 6 Complaint. — The complaint is the pleading alleging the plaintiff's cause or
causes of action. The names and residences of the plaintiff and defendant must be stated in the
complaint.

2. When is it deemed filed?


3. What is the purpose of filing the complaint?
4. What is a docket fee?
5. How is the filing fee determined?
6. What is the effect if the filing fee is not paid?
II. Service of summons: Rule 14
1. What is a summons?
-
2. Who may serve a summons? – Sec 3
3. Upon whom must summons be served if the defendant is a natural person? – sec 6
4. Upon whom must summons be served if the defendant is a public juridical person? – sec 13
5. Upon whom must summons be served if the defendant is a private entity? – sec11
6. Upon whom must summons be served if the defendant is a foreign private entity conducting business
in the Philippines? – sec 12
7. Upon whom must summons be served if the defendant is a foreign private entity not conducting
business in the Philippines? – sec 12
8. How may summons be served?
9. What is the proof that summons has been served? – sec 18, 19
III. Filing of an answer:
1. What is an answer?

- Section 4, Rule 6 Answer. — An answer is a pleading in which a defending party sets forth his
defenses.

2. How is the answer served?


3. How is the answer filed?
4. What may happen if an answer is not filed?
IV. Pre-trial:
1. What is pre-trial?
2. What is a preliminary conference under the regular rules of civil procedure?
3. What is a preliminary conference under the Rule on Summary Procedure?
4. What is a pre-trail brief?
5. What is a pre-trial order?
6. What is the consequence if the plaintiff does not appear during the pre-trial in actions governed by the
regular rules on civil procedure?
- In case the plaintiff failed to appear during the pre-trial conference of the case, he may be declared
non-suited and the case may be dismissed with prejudice. Sec 5, Rule 18 of the Rules of Court provides
that:

“Sec.5: Effect of failure to appear.- The failure of the plaintiff to appear when so required pursuant
to the next preceding section shall because for dismissal of action. The dismissal shall be with
prejudice, unless otherwise ordered by the court. XX”

7. What is the consequence if the plaintiff does not appear during the pre-trial in actions governed by the
Rule on Summary Procedure?
8. What is the consequence if the defendant does not appear during the pre-trial in actions governed by
the regular rules on civil procedure?
- In case the defendant failed to appear, the court shall order the presentation of the evidence ex-parte,
and judgment will be rendered based on the same. Sec 5, Rule 18 of the Rules of Court provides that:

“Sec.5: Effect of failure to appear.- XX a similar failure on the part of the defendant shall be cause to
allow the plaintiff to present his evidence ex-parte and the court to render judgment on the basis
thereof.”
9. What is the consequence if the defendant does not appear during the pre-trial in actions governed by
the Rule on Summary Procedure?
10. What is the effect if a party fails to a pre-trial brief?
V. Trial:
1. What is trial?
2. What is evidence?

Section 1, Rule 128. Evidence defined. — Evidence is the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)

Evidence is the means to ascertain the truth; Proof is the end sought, namely, the establishment of the
facts, or the conviction or satisfaction that indeed the facts exists.

3. What is the order of trial?

Sec. 5, Rule 30 of Rules of Court provides for the order of trial that should be followed and applied. It
provides that:

“Sec. 5. Order of trial.- Subject to the provisions of section 2 of Rule 31, and unless the court for special
reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as
follows:

(a) The plaintiff shall adduce evidence in support of his complaint;

(b) The defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and third-
party complaints;

(c) The third-party defendant if any, shall adduce evidence of his defense, counterclaim, cross-claim and fourth-
party complaint;

(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them;

(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in
support of their defense, in the order to be prescribed by the court;

(f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in
the furtherance of justice, permits them to adduce evidence upon their original case; and

(g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs
the parties to argue or to submit their respective memoranda or any further pleadings

If several defendants or third-party defendants, and so forth, having separate defenses appear by
different counsel, the court shall determine the relative order of presentation of their evidence. (1a, R30)

4. When may a judgment be rendered without a complete trial


VI. Rendition of judgment:
1. What is a judgment?
2. What are the requisites of a valid judgment?
3. When may a judgment be rendered?
4. When may a judgment be deemed rendered?
5. What are your remedies against a judgment?
6. What are the kinds of judgments according to the prestation stated in the fallo?
VII. Finality of judgment:
1. When does a judgment become final?
2. What can you do so that the judgment will not become final?
3. What are the consequences if the judgment becomes final?
4. What judgments are immediately final, hence, executory?
5. What judgments are immediately executory even if it is not yet final?
6. What is the doctrine of immutability of a final judgment?
7. What are the exceptions to the doctrine of immutability of judgment?
8. What are your remedies against a final judgment?
VIII. Execution of judgment:
1. What is execution of judgment?
2. What is the writ of execution?
3. What is the duration of the validity of a writ of execution?
4. What are your remedies against a writ of execution?
5. How will you stay the execution of a judgment pending appeal?
6. In general, how may a judgment be executed?
7. What is revival of judgment?
8. How is a judgment for money executed or enforced?
9. How is a judgment for a specific act executed or enforced?
10. How is a special judgment executed or enforced?
11. Who executes a judgment?
12. What is a terceria?
13. What is your remedy if your terceria is denied?