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GRANTED

Plaintiff may refile (if without prejudice),
appeal, certiorari
DENIED
Defendant may file answer, certiorari

REPLY (OPTIONAL)

Different Court, Not Same Case
5. Annulment of Judgment
Independent case
Grounds: Extrinsic fraud and LOJ

EXECUTION
Rule 39
no appeal has
been perfected

3. Review on Certiorari (Rule 45)

2. Petition for Review (Rule 42)

AFTER FINALITY OF JUDGMENT
4. Relief from Judgment
Grounds: FAME
Availed after final and executory

3. APPEAL

APPEAL
Statutory Right
Modes:
1. Ordinary Appeal (Rule 40-41)
Notice of Appeal - 15 days
Record on Appeal- 30 days

JUDGMENTS

TRIAL

MODES OF DISCOVERY
1. Depositions Pending Action
2. Depositions Before Action/ Pending Appeal
3. Interrogatories to Parties
4. Admissions by Adverse Party
5. Production/ Inspection of Documents and Things
6. Physical and Mental Examination of Persons

PRE-TRIAL
Rule 18 Sec 2
Amicable Settlement
Simplication of issues,
Marking of Evidence,
Limiting Witnesse/Facts etc
Accelerated Judgments

SUBMIT PRE-TRIAL BRIEFS
3 days before pre-trial
*non-filing same effect as non-appeance at pt

DIFFERENT ENTITIES
Domestic Private Juridical Persons (Rule 14 , Sec 11)
President, Managing Partner, GM , Corp. Sec,
Treasurer, In house counsel
Foreign Private Juridical Entity (Rule 14, Sec 12)
Resident Agent, Government Regulator,
Any agent within the country
Public Corporation (Rule 14, Sec 13)
Executive Head, Sol Gen (Defendant is RP)
Minor (Rule 14, Sec 10)
Minor and Legal Guardian and/or Parents
Incompetent
Incompetent and Legal Guardian
Entity without Juridical Personality
All Defendants being sued under common name
or person in charge of office

ACTION IN REM/ QUASI IN REM
1. Residents - same as above
2. Non-Resident
Personal Service (Outside the country
with leave of court)
Publication (with leave of court)

Proper Service of Summons
ACTION IN PERSONAM
1. Residents
Personal
Substituted
Publication (if whereabouts unknown/
temporarily outside the country)
2. Non- Resident
Personal (within state)

NON APPEARANCE AT PRE-TRIAL
Plaintiff
Dismissal of action with prejudice
Defendant
Plaintiff present evidence ex-parte
Court render judgment

RELIEF FROM DEFAULT
1. Motion to set aside order
(anytime after discovery before judgment)
2. Motion for new trial
(before judgment is final and executory)
3. Petition for relief
(after judgment is final and executory)
4. Appeal

WITHOUT
Plaintiff may move to declare
defendant in default
Court may render judgment by
default on the basis of allegations
of complaint unless more evidence
is required

Answer

2. Motion for New Trial
Grounds: Fraud, Accident,
Mistake, Excusable Negligence,
Newly Discovered Evidence

POST JUDGMENT REMEDIES
Same Court, Same Case
BEFORE FINALITY OF JUDGMENT
1. Motion for Reconsideration
Grounds: Excessive Damages,
Insufficient Evidence,
Decision Contrary to Law

*Judgment by Default
on the merits; no answer file

3. Summary Judgments
No genuine issue except as to amount of
damages
Based on pleadings,admissions, affidavits
interlocutory/on the merits

2. Judgment on the Pleadings
Answer fails to tender an issue or admits the
material allegations
Based soley on the pleadings
on the merits

ACCELERATED JUDGMENTS
1. Demurrer to Evidence
Granted: Adjudication on the merits
Denied: Defendant may present evidence
*if granted, plaintiff appealed, order reversed,
defendant deemed to have waived right to
present evidence, if order is sustained,
plaintiff can go to court an assign it as
error

Complaint
Rule 6, Section 3
Ultimate Facts, Cause of Action

Service of Summons and Sheriff's Return

PLAINTIFF/ COC MOVE FOR
PRE-TRIAL AFTER LAST PLEADING
SERVED AND FILED

DISMISSAL OF ACTIONS
Rule 17
BY PLAINTIFF
1. Upon Notice (anytime before answer/motion for SJ
; dismissal is without prejudice)
2. Upon Motion (with leave of court)
3. Due to the fault of Plaintiff - P fails to appear during
presentation of evidence - with prejudice)
COUNTERCLAIM
Voluntary dismissal by claimant

MOTION TO DISMISS
Rule 16
1. Lack of jurisdiction over defendant
2. Lack of jurisdiction over subject matter
3. Improper venue
4. Lack of capacity to sue
5. Litis pendentia
6. Res judicata (with prejudice)
7. Prescription
8. Failure to state cause of action
9. Extinguished claim (with prejudice)
10. Unenforceable claim under the Statute of Frauds
(with prejudice)
11. Non compliance with a condition precedent for filing
claim