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FRAMEWORK CIVIL PROCEDURE

1. Drafting of the Complaint

2. Filing of the Complaint


a. Plaintiff’s Options
i. Dismissal of Action via Notice of Dismissal (Rule 17, Sec. 1)
ii. Dismissal of Action via Motion to Dismiss (Rule 17, Sec. 2)
iii. Amendment of Complaint
1. As a Matter of Right
2. With Leave of Court

b. Defendant’s Options
i. Answer
ii. Motion for Bill of Particulars (Rule 12)
iii. Motion to Dismiss (Rule 16)
iv. Motion to Dismiss Due to the Fault of the Plaintiff (Rule 17, Sec. 3)

c. Court’s Option
i. Motion to Dismiss Due to the Fault of the Plaintiff (Rule 17, Sec. 3)

3. Service of Summons

4. Filing of Answer
a. Motion to Declare Defendant in Default (Rule 9)
b. Motion to Render Judgment
c. Judgment on the Pleadings (Rule 34)
d. Summary Judgment (Rule 35)

5. Pre-Trial
a. Preliminary Conference
i. Pre-Trial Brief (Rule 18)
b. Pre-Trial Proper
c. Referral to Philippine Mediation Center (PMC)
d. Referral to Judicial Dispute Resolution (JDR)

6. Trial Proper
a. Presentation of Evidence
i. Formal Offer of Evidence (Rule 132)
ii. Judicial Affidavit (Judicial Affidavit Rule)
b. When Evidence is not Admitted
i. Tender of Excluded Evidence (Rule 132)
ii. Demurrer of Evidence (Rule 132)
c. Motion to Dismiss (Grounds: Prescription or Res Judicata)
d. Judgment on the Pleadings (Rule 34)

7. Judgment
a. Post-Judgment Remedies
i. Remedies BEFORE Judgment Becomes Final and Executory
1. Motion for Reconsideration
2. Motion for New Trial
3. If Nos. 1 and 2 are denied: Appeal

ii. Remedies AFTER Judgment Becomes Final and Executory


1. Petition for Relief
2. Action to Annul Judgment (Rule 39)
3. Certiorari (Rules 43 and 65)
4. Attack against Judgment Collaterally when nullity of
judgment is plain and evident on its face

b. Entry of Judgment (Rule 39)

8. Execution
a. Motion for Execution

Motions that may be filed at any stage

A. Motion to Render Judgment upon Compromise


B. Motion to Substitute Counsel

BASIC PARTS OF A PLEADING

A. Caption
a. Name of Court

REPUBLIC OF THE PHILIPPINES


____________JUDICIAL REGION
_____________________COURT
CITY OF_________, BRANCH __

b. Title of Action
Mr.______________,
Plaintiff.

- versus –

Mr.______________,
Defendant.

x------------------------x

TITLE OF PLEADING/MOTION

c. Docket Number, if assigned

CIVIL CASE No.______________


FOR: ______________________

B. Date and Place

a. Pleading made in same city where court is situated

Month Day, Year. ______ City.

b. Pleading made in different city where court is situated

Month Day, Year. ______ City for the City of ______.

C. Jurat (Affidavit. Certification. Verification. Sworn statement.)

SUBSCRIBED AND SWORN TO before me this ___ day of (Month) 20xx at


__(City)__, Philippines, affiant exhibiting to me his (Identification presented)
No._______ issued on (Month Day, Year) at __(City)__.

D. Verification and Certification Against Forum

E. General Prayer
All other just and equitable reliefs are likewise prayed for.

F. Counsel
a. Lawyer
Atty. ____________
Counsel for Plaintiff
____(Address)____
_(E-Mail Address)__
___(Contact No.)___
Roll No. _________
IBP No. __________
PTR No. _________
MCLE No. ________

b. Law Firm

(Name of Law Firm)


Counsel
____(Address)____
_(E-Mail Address)_
__(Contact No.)___

By: Atty. ____________


Roll No. _________
IBP No. __________
PTR No. _________
MCLE No. ________

G. Notice of Hearing

a. Litigated Motion

Branch Clerk of Court


Branch ___________
City of ____________

Greetings!
Please take note that the Motion will be set for hearing on (Date).

(Sgd)
Counsel
b. Ex-Parte Motion

Branch Clerk of Court


Branch ___________
City of ____________

Greetings!

Please submit the foregoing ex-parte motion for the consideration and approval
of the Honorable Court immediately upon receipt hereof.

(Sgd)
Counsel

H. Explanation

A copy of this motion was served to Mr. ___ via (Mode of Service other than Personal
Service) due (reason/s: lack of manpower or/and geographical distance).

(Sgd)
Counsel
I. Copy Furnished
a. Counsel
b. Law Firm

Law Office
Address
Counsel of Adverse Party

J. Notice of Hearing and Copy Furnish

Branch Clerk of Court


Branch ___________
City of ____________

Mr. (Defendant),

Greetings!
Please take note that the Motion will be set for hearing on (Date).

(Sgd)
Counsel

K.

FORMS

1. Complaint
2. Motion to Declare Defendant in Default
3. Motion to Render Judgment
4. Pre-Trial Brief
5. Judicial Affidavit
6. Formal Offer of Evidence
7. Tender of Excluded Evidence