CIVIL PROCEDURE IN A NUTSHELL

(a work in progress, for the love of you ​☺​)

LEVEL ONE: THE TIMELINE OF A CIVIL ACTION (Introduction)

Filing of the Complaint Service of Summons Filing of the Answer Finality of

Judgment Rendition of Judgment Trial Pre-trial
Execution of Judgment.

I. Filing of complaint:

1. What is a 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. (Sec. 3, Rule 6)
2. When is it deemed filed?
∙ A complaint is deemed filed when the docket fee is paid. This
is important to determine the exact date that the action has
commenced because it is from that moment that the running of
the prescriptive period is interrupted.
3. What is the purpose of filing the complaint?
∙ It sets out the facts and legal reasons (cause of action) that the
filing party or parties (the plaintiff(s)) believes are sufficient to
support a claim against the party or parties against whom the
claim is brought (the defendant(s)) that entitles the plaintiff(s)
to a remedy.
4. What is a docket fee?
∙ A docket fee is a sum of money charged for the docketing of a
case or a judgment or a set amount chargeable as part of
thecosts of the action.
5. How is the filing fee determined?
∙ All complaints must specify amount of damages sought not
only in the body of the pleading, but also in the prayer in order
to be accepted and admitted for filing. The amount of damages
so specified in the complaint shall be the basis for assessing the
amount of the filing fees by the clerk of court.
6. What is the effect if the filing fee is not paid?
∙ If the fees are not paid, the court may refuse to proceed with
the action until they are paid and may dismiss the action or
proceedings.

II. Service of Summons:

1. What is a summons?
 ∙ It is a writ issued and signed by the clerk of court upon filing of
a complaint and payment of requisite legal fees issued to and
directed to the defendant containing the following: (a) Name of
the court and of the parties (b) a direction that the defendant
answer within the time fixed by the rules, and (c) notice that
unless deffendant answers, plaintiff will take judgment by
default and may be granted the relief prayed for.
2. Who may serve a summons?
∙ The summons may be served by the sheriff, his deputy, or
other proper court officer, or for justifiable reasons by any
suitable person authorized by the court issuing the summons.
(Sec 3, Rule 14)
3. Upon whom must summons be served if the defendant is a natural
person?
∙ Whenever practicable, the summons shall be served by
handling a copy thereof to the defendant in person, or, if he
refuses to receive and sign for it, by tendering it to him. (Sec.
6, Rule 14)
∙ If, for justifiable causes, the defendant cannot be served within
a reasonable time as provided in the preceding section, service
may be effected (a) by leaving copies of the summons at the
defendant's residence with some person of suitable age and
discretion then residing therein, or (b) by leaving the copies at
defendant's office or regular place of business with some
competent person in charge thereof. (Sec 7, Rule 14)
4. Upon whom must summons be served if the defendant is a public
juridical person?
∙ When the defendant is the Republic of the Philippines, service
may be effected on the Solicitor General; in case of a province,
city or municipality, or like public corporations, service may be
effected on its executive head, or on such other officer or
officers as the law or the court may direct. (Sec 14, Rule 14)
5. Upon whom must summons be served if the defendant is a private
entity?
∙ When the defendant is a corporation, partnership or association
organized under the laws of the Philippines with a juridical
personality, service may be made on the president, managing
partner, general manager, corporate secretary, treasurer, or
in-house counsel. (Sec 11, Rule 14)
6. Upon whom must summons be served if the defendant is a foreign
private entity conducting business in the Philippines?
∙ When the defendant is a foreign private juridical entity which
has transacted business in the Philippines, service may be made
on its resident agent designated in accordance with law for that
purpose, or, if there be no such agent, on the government
 official designated by law to that effect, or on any of its
officers or agents within the Philippines. (Sec 12, Rule 14)
7. Upon whom must summons be served if the defendant is a foreign
private entity not conducting business in the Philippines?
∙ If the foreign private judicial entity is not registered in the
Philippines or has no resident agent, service may, with leave of
court, be effected out of the Philippines through any of the
following means:
a) By personal sevice coursed through the appropriate court
in the foreign country with the assistance of the
Department of Foreign Affairs.
b) By publication once in a newspaper of general
circulation in the foreign country where the defendant may be
found and by serving a copy of the summons and the
court ordered by registered mail at the last known
address of the defendant.
c) By facsimile or any recognized electronic means that
could generate proof of service; or
d) By such other means as the court may in its discretion
direct. (As Amended by A.M No. 11-3-6-SC, March
15,2011) (Sec 12, Rule 14)
8. How may summons be served?
∙ Summons may be served by: (a) personal service, (b)
substituted service, (c) service by publication, and (d)
Extra-territorial service
Service in Person is made by handling a copy therof to the
defendant in person, if he refuses to receive and signed for it,
by tendering it to him.
Substituted Service is made by leaving a copy of the Summons
at defendant's residence with some persons of suitable age and
discretion, then residing therein or leaving it at defendant's
office or regular place of business with some competent person
in charged thereof.

​ ervice of summons on the defendant shall be by

​Note: S
personal service first and only when the defendant cannot
promptly be served in person will substituted service be
availed of.

c. Service by Publication with leave of court, obtained by the

filing of a motion in writing, supported by an affidavit of the
plaintiff or some persons in his behalf, setting forth the ground that
allows resort to it.
 d. Extraterritorial service. — When the defendant does not
reside and is not found in the Philippines, and the action affects the
personal status of the plaintiff or relates to, or the subject of
which is, property within the Philippines, in which the defendant
has or claims a lien or interest, actual or contingent, or in which
the relief demanded consists, wholly or in part, in excluding
the defendant from any interest therein, or the property of the
defendant has been attached within the Philippines, service may,
by leave of court, be effected out of the Philippines by personal
service as under section 6; or by publication in a newspaper
of general circulation in such places and for such time as the court
may order, in which case a copy of the summons and order of
the court shall be sent by registered mail to the last
known address of the defendant, or in any other manner the
court may deem sufficient. Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty (60) days
after notice, within which the defendant must
answer.

9. What is the proof that summons has been served?

∙ The proof of service of a summons shall be made in writing by
the server and shall set forth the manner, place, and date of
service; shall specify any papers which have been served with
the process and the name of the person who received the same;
and shall be sworn to when made by a person other than a
sheriff or his deputy.(Sec 18, Rule 14)

III. Filing of the Answer:

1. What is an answer?
∙ An answer is a pleading in which a defending party sets forth
his defenses. (Sec 4. Rule 6)
2. How is the answer served?
∙ Service of pleadings motions, notices, orders, judgments and
other papers shall be made either personally or by mail. (Sec 5,
Rule 13)
∙ If served personally, it is done by delivering personally a copy
to the party or his counsel, or by leaving it in his office with his
clerk or with a person having charge thereof. If no person is
found in his office, or his office is not known, or he has no
office, then by leaving the copy, between the hours of eight in
the morning and six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age and
discretion then residing therein. (Sec 6, Rule 13)
 ∙ If served by mail, it is done by by depositing the copy in the
post office in a sealed envelope, plainly addressed to the party
or his counsel at his office, if known, otherwise at his
residence, if known, with postage fully prepaid, and with
instructions to the postmaster to return the mail to the sender
after ten (10) days if undelivered. If no registry service is
available in the locality of either the senders or the addressee,
service may be done by ordinary mail. (Sec 7, Rule 13)
∙ If service cannot be made personally or by mail, substituted
service may be availed of as long as the office and place of
residency of the party or his counsel is also known, service
may be made by delivering a copy to the clerk of court, with
proof of failure of both personal service and service by mail.
The service is complete at the time of such delivery.
3. How is the answer filed?
∙ Answer to the complaint. — The defendant shall file his
answer to the complaint within fifteen (15) days after service of
summons, unless a different period is fixed by the court. (Sec
1, Rule11)

∙ Answer of a defendant foreign private juridical entity. —

Where the defendant is a foreign private juridical entity and
service of summons is made on the government official
designated by law to receive the same, the answer shall be filed
within thirty (30) days after receipt of summons by such entity.
(Sec 2, Rule 11))

∙ Answer to amended complaint. — When the plaintiff files an

amended complaint as a matter of right, the defendant shall
answer the same within fifteen (15) days after being served
with a copy thereof.

Where its filing is not a matter of right, the defendant shall

answer the amended complaint within ten (l0) days from notice
of the order admitting the same. An answer earlier filed may
serve as the answer to the amended complaint if no new answer
is filed.

This Rule shall apply to the answer to an amended

counterclaim, amended cross-claim, amended third (fourth,
etc.)—party complaint, and amended
complaint-in-intervention. (Sec 3, Rule 11)
 ∙ Answer to counterclaim or cross-claim. — A counterclaim or
cross-claim must be answered within ten (10) days from
service. (Sec 4, Rule 11)

∙ Answer to third (fourth, etc.)-party complaint. — The time to

answer a third (fourth, etc.)—party complaint shall be
governed by the same rule as the answer to the complaint. (Sec
5, Rule 11)

∙ Answer to supplemental complain. — A supplemental

complaint may be answered within ten (10) days from notice of
the order admitting the same, unless a different period is fixed
by the court. The answer to the complaint shall serve as the
answer to the supplemental complaint if no new or
supplemental answer is filed. (Sec 7, Rule 11)

4. What may happen if an answer is not filed?

∙ If the defending party fails to answer within the time allowed
therefor, the court shall, upon motion of the claiming party
with notice to the defending party, and proof of such failure,
declare the defending party in default. Thereupon, the court
shall proceed to render judgment granting the claimant such
relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of court.
(Sec 3, Rule 9)

IV. Pre-trial:

1. What is pre-trial?
∙ It is a procedural devise intended to calrify and limit the basic
issues between the parties. Its main objective is to simplify,
abbreviate and expedite trial,or otherwise dispense with it.
∙ It is a conferrence or hearing at which the court, with the
cooperation of the parties, seeks to determine definitively what
precisely the factual issues to be tried are and how each party
intense to establish his position on each disputed factual issue.
2. What is a preliminary conference under the regular rules of civil
procedure?
∙ Preliminary conference. — At any time during the pendency of
a case, the court may call the parties and their counsel to a
preliminary conference.
(a) To consider the possibility of an amicable settlement,
except when the case is not allowed by law to be
compromised
 (b) To define, simplify and clarify the issues for
determination;
(c) To formulate stipulations of facts and admissions of
documentary exhibits, limit the number of witnesses to be
presented in cases falling within the original jurisdiction of
the court, or those within its appellate jurisdiction where a
motion for new trial is granted on the ground of newly
discovered evidence; and
(d) To take up such other matters which may aid the court
in the prompt disposition of the case. (Rule 7, CA
Internal Rules)

3. What is a preliminary conference under Rule on Summary

Procedure?
∙ Preliminary Conference under the Revised Rules on Summary
Procedure
1) Under the said rules, a preliminary conference shall be
held not later than 30 days after the last answer is filed.
Here, the rules on PT in ordinary cases shall apply except
when inconsistent with the rules on summary procedure
(Sec. 7, II);

2) The failure of the plaintiff to appear in the conference

shall be cause for dismissal of the complaint and the
defendant who appears in the absence of the plaintiff shall
be entitled to judgment on his counterclaim. All
cross-claims shall be dismissed (ibid)

3) Within 5 days from the termination of the conference,

the court shall issue an order stating the matters taken up in
the conference (Sec. 8 II)

4. What is a pre-trial brief? ​(Hindi ko mahanap talaga definition eto

lang meron, send ko kung meron)
∙ The parties shall file with the court and serve on the adverse
party, in such manner as shall ensure their receipt thereof at
least three (3) days before the date of the pre-trial, their
respective pre-trial briefs which shall contain, among others:

(a) A statement of their willingness to enter into amicable

settlement or alternative modes of dispute resolution, indicating the
desired terms thereof;

(b) A summary of admitted facts and proposed stipulation of

facts;
 c) The issues to be tried or resolved;

(d) The documents or exhibits to be presented stating the

purpose thereof;

(e) A manifestation of their having availed or their intention to

avail themselves of discovery procedures or referral to
commissioners; and

(f) The number and names of the witnesses, and the substance
of their respective testimonies.

5. What is a pre-trial order?

∙ An order issued by the court upon termination of the pre-trial.
Under A.M. No. 03-1-09-SC, the pre-trial order shall be issued
within 10 days after termination of the pre-trial.
6. What is the consequence if the plaintiff does not appear during the
pre-trial in actions governed by the regular rules of civil
procedure?
∙ If plaintiff fails to appear despite due notice, he may be
declared non-suited and the complaint is dismissed. The
dismissal shall be with prejudice, unless otherwise ordered by
the court.
7. What is the consequence if the plaintiff does not appear during the
pre-trial in actions governed by the Rule on Summary Procedure?
∙ The failure of the plaintiff to appear in the preliminary
conference shall be a cause for the dismissal of his complaint.
The defendant who appears in the absence of the plaintiff shall
be entitled to judgment on his counterclaim in accordance with
Section 6 hereof. All cross-claims shall be dismissed. (Sec 7,
Rules on Summary Proceedings)
8. What is the consequence if the defendant does not appear during
the pre-trial in actions governed by the regular rules of civil
procedure?
∙ If defendant fails to appear despite due notice, plaintiff is
allowed to present his evidence ex-parte and the court may
render judgment on the basis therof.
9. What is the consequence if the defendant does not appear during
the pre-trial in actions governed by the Rule on Summary
Procedure?
∙ If a sole defendant shall fail to appear, the plaintiff shall be
entitled to judgment in accordance with Section 6 hereof. This
Rule shall not apply where one of two or more defendants sued
under a common cause of action who had pleaded a common
 defense shall appear at the preliminary conference. (Sec 7,
Rules on Summary Proceedings)

10. What is the effect if a party fails to file a pre-trial brief?

∙ It shall have the same effect as failure to appear at the pre-
trial (A.M. No. 03-1-09-SC, July 13, 2004). Hence, if it is the
plaintiff who fails to file a pre-trial brief, such failure shall
be a cause for dismissal of the action. If it is the defendant
who fails to do so, such failure shall be a cause to allow the
plaintiff to present his evidence ex parte.

NOTE​: The dismissal of the complaint for failure to file

pre-trial brief is discretionary on the part of the trial court
(Ramos v. Spouses Lavendia, G.R. No. 176706, October 8,
2008)

V. Trial:

1. What is trial?
2. What is evidence?
3. What is the order of trial?
4. When may 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 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 a 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?

LEVEL TWO: PREPARATION OF THE COMPLAINT​ (Things that you must

know before you can sit down and prepare a complaint)

I. Determining nature of action

1. What is the nature of an action?
2. How will you determine the nature of an action?
3. What are the different kinds of actions according to their
nature?

II. Determination of cause of action

1. What is a cause of action?

2. What are the elements of a cause of action?
3. What is a right of action?
4. What is splitting a cause of action?
5. When is splitting a cause of action allowed?
6. What is the effect if a cause of action is split?
7. What is a joinder of causes of action?
8. When is a joinder of causes of action allowed?
9. Why is a joinder of causes of action allowed?

III. Determining compliance with conditions precedent

1. What is a condition precedent to the filing of a complaint?
2. Give five examples of conditions precedent?
3. What actions may not require referral to barangay conciliation?
4. What may the court do if an action is filed without referral for
barangay conciliation?
5. When is an arbitration agreement deemed a condition
precedent?
 6. What is the doctrine of non-exhaustion of administrative
remedies?
7. How is the doctrine of non-exhaustion of administrative
remedies similar to the doctrine of primary jurisdiction?
8. How is the doctrine of non-exhaustion of administrative
remedies different from the doctrine of primary jurisdiction?

IV. Determining which court has jurisdiction

1. What is jurisdiction in civil procedure?

2. What are the aspects of jurisdiction in civil actions?
3. What is original jurisdiction?
4. What is exclusive jurisdiction?
5. What are the actions falling within the exclusive jurisdiction of
Municipal Trial Courts?
6. What are courts are encompassed by the term “Municipal Trial
Court”?
7. What are the actions falling within the exclusive original
jurisdiction of Regional Trial Courts?
8. What actions fall within the concurrent jurisdiction of several
courts?

V. Determining the venue or where to file the action:

1. What is venue?
2. How is it different from jurisdiction?
3. When is there a valid waiver of venue?

VI. Determining the parties

1. Who is a party to an action?
2. What are the requisites before a natural person can become a
party to an action?
3. What are the requisites before an artificial being can become a
party to an action?
4. Who is a real-party-in-interest?
5. What is locus standi?
6. Who is a plaintiff?
7. Who is a defendant?
8. What are the requisites for a valid joinder of parties?

(DO NOT ENTER: STILL UNDER CONSTRUCTION ​☺​)

VII. PARTS OF THE COMPLAINT

LEVEL THREE: FILING OF THE COMPLAINT

I. THE COMPLAINT
A. MATERIAL ALLEGATIONS
 B. ATTACHMENTS
C. APPLICATION FOR PROVISIONAL REMEDIES
D. MODES OF DISCOVERY THAT MAY BE AVAILED OF
II. SERVICE TO DEFENDANT NOT NECESSARY
III. FILING FEES

LEVEL FOUR: THINGS THAT MAY HAPPEN AFTER COMPLAINT IS FILED

A. COMPLAINT MAY BE DISMISSED MOTU PROPRIO BY THE

COURT
B. COMPLAINT MAY BE DISMISSED BY THE PLAINTIFF
C. A COMPLAINT-IN-INTERVENTION MAY BE FILED
D. SUMMONS MAY BE ISSUED
E. DEFENDANT MAY FILE AN ANSWER EVEN BEFORE
SUMMONS IS ISSUED OR SERVED

LEVEL FIVE: ISSUANCE OF SUMMONS

A. Who signs summonses?

B. What are the contents of a summons?
C.

LEVEL SIX: THINGS MAY HAPPEN AFTER SUMMONS IS ISSUED

A. SUMMONS ISSERVED
B. SUMMONS CANNOT BE SERVED
C. DEFENDANT FILES A MOTION FOR A BILL OF PARTICULARS
D. DEFENDANT FILES A MOTION TO DISMISS
E. DEFENDANT FILES A THIRD-PARTY COMPLAINT
F. DEFENDANT FILES AN ANSWER, POSSIBLY WITH A
COUNTERCLAIM
LEVEL SEVEN: DEFENDANT FILES AN ANSWER

I. WHAT ARE IN THE ANSWER:

1. DENIALS
2. AFFIRMATIVE DEFENSES
II. DEFENDANT RAISES A COUNTERCLAIM
LEVEL EIGHT: THINGS THAT MAY HAPPED AFTER AN ANSWER IS FILED

I. HEARING ON THE AFFIRMATIVE DEFENSES

II. PLAINTIFF MAY FILE A REPLY
A. BY WAY OF ANSWER TO COUNTERCLAIM
B. IF THERE IS A NEED TO DENY SOMETHING UNDER
OATH
III. PLAINTIFF MAY FIL