CIV PRO 1/11/2021

Civil Action commences when a cause of action arises due to an act or omission which violates the rights
of another person.

FACTORS TO CONSIDER IN FILING A COMPLAINT

Jurisdiction

Venue

The Party

Certification and Verification of Forum Shopping

Misjoinder or non-joinder of parties is not result in dismissal of complaint

Jurisdicition of defendant is acquired through voluntary presence or the service of summons

Stages of a civil action (discussion) – BRET NOTES

in an ordinary civil action

1st stage - genesis is the act or ommission committed by the other in violation of another person's
right.

concept is cause of action. this has to be made first before mag complaint, dapat naay cause of action.

examples:

basic - nakabangga ka, damages

- when you breach contract - cause of action is breach of contract

- sum of money, utang. if it has been due and demandable and demand letter has been sent, then rights
of creditor has been violated by your omission/act
AFTER THIS>>>

2nd stage - Brgy katarungan. or brgy conciliation as GR. XPN is if one of parties is govt, corporation, diff
residence.

purpose is to declog the court. basin diay okay ra sa brgy, para di na makahasol sa korte. pero need gyud
ni agian. otherwise, dismissible ang complaint. usualy 3 times ra na , party ram way apil counsel and
even family if di apil. 3 times na if naay settlement.

IF DILI MADALA, then after 3 tries, then brgy would issue cert to file action.

need ng cert.

3rd stage - FILE OF CIVIL COMPLAINT.

in the filing, consider several factors. what are these?

1) JURISDICTION, OVER PARTY, etc blah blah. in order for you to determine which court ang naay juris
to hear that case.

2) VENUE, ASA nga korte. asang lugara!? mao ni ang matters na consider para di madismiss imong
complaint

3) THE PARTY. kinsa imong gibutang didto. ayaw taka taka butang ug tao kay wa nay apil. only include if
he or she is a real party in interest. who are those na benefited or prejudiced by the case. non/mis
joinder of parties is not ground for dismissal (BALIK BALIK NI SA BAR)

4) NON FORUM SHOPPING CERT AND VERIFICATION - unsa ni? verification is notaryohan and attest na
you have read the complaint and personal knowledge and true and correct. cert of non forum is attest
to the fact na wala mo nag file sa uban nga korte. bantay ani kay daghay nadisbar ani by SC.this is
FORUM SHOPPING. bawal yern

5) ALLEGATIONS - unsa imong ibutang sa complaint. sa una mubo ra kaayo mga 1-5 pages before the
2019 amendments. ultimate facts ra to sa una. karon kay evidentiary facts na. unsa man diay karon?
ibutang na tanan karon sa complaint. ibutang nimo ang witnesses, testimony, Judicial affidavit,
documentary exhibit, and answer sa pleadings, as well as causes of action.

AFTER DRAFTING OF COMPPLAINTS,

4th stage - file it sa appropriate court and in the place where venue is placed
5th stage - i raffle ang kaso, to avoid appearance of impropriety

6th stage - court will issue service of summons to defendant.

GR is in person upon the defendant, itunol gyud. XPN is when sa residence or place of work or other
extraterritorial service of summons like publication

unsay contents sa summon? i order ka sa court to submit answer within x number of days (see if 30
days). complaint is attached. what is the effect? juris of person diay.

after defendant received summon, what are your options?

first is read the complaint.

2nd determine if you file answer or motion to dismiss. limited na kaayo ang grounds sa motion to
dismiss karon sa 2019 amendment. or bill of particulars. motion for extension of time.

what if ni lapas na ang time unya wa kay na file? declared in default. what if madefault ka? you would be
no longer be allowed to present evidence as defendant. pwede na mag present ang plaintiff ug evidence
ex parte. their only right left is to receive subsequent orders by the court.

kintabi nifile na ka ug answer, unya naa na kay mga ebidensya para sa depensa, after you file...

7th stage - determine by court if there is genuine issue. pwede man mag release ug judgment ang court
bisan walay trial.

there is diff between trial and hearing. TRIAL is presentation of evidence. hearing is general, all
proceedings before the honorable court.

when? if judgment of the pleading would be proper? or summary judgment would be proper?

8th stage - pre trial conference. before this, submit pre trial brief. naa pa gani judicial dispute resolution,
in between pre trial and trial ni sya.

pre trial conference - 1)discussion on simplification of issues. 2) name witness 3) identify documentary
exhibits 4) stipulation of facts

purpose of pre trial - to shorten the proceeding of the civil action.

pre trial order na dayon

9th stage - TRIAL. presentation of evidence. GR, first mag present ang plaintiff. a) testimonial, b)
documentary, object evidence.

formally offered sa court. pangutan.on na sya sa clerk of court sa basic details. after that, you verify if
that person executed the JA ba jud or not. to avoid insertion, each and every page naay pirma sa
witness.

cross examine dayun blah blah.

documentary and evidence, need to be identified

AFTER presentation of evidence of plaintiff, defendant may file demurrer to evidence. he is simply saying
that plaintiff failed to PROVE through the evidences. if it is denied, presentation of defense evidence,
then rebuttal evidence.

AFTER TRIAL, memorandum, pero dili required. discretion na ni sa court. unsa man ni? mura syag
summary. naa ang allegations, defense of defendant and WHY ikaw ang reason nga paburan ka sa korte.
if di ka kasubmit even if girequire, di meaning mapilidi na dayun

10th stage - JUDGMENT

sa crimpro, reqd ang accused. sa civpro, walay promulgation of judgment, i mail ra ni sa inyo

if PILDI, post judgment remedy

remedies - MR, MNew Trial, Pet for certiorari under rule 65, appeal, annulment of judgment

unya pildi gyud ka bisan sa SC, FINAL and EXECUTORY na na

11th stage - execution of judgment. if kana, present ordr of court.

if sum of money, if di sya makabayad in cash or legal tender, si debtor na napildi would choose if unsa
nga proprty ang iattach. i public auction ni sya then ang proceeds maoy ihatag sa judgment credtor. GR
is debtor, pero kung di sya, sherif ang mupili (1st is personal property then second is real)

RECIT:
BASIC CONCEPTS OF REMEDIAL LAW, BASIC CONCEPTS OF JURISDICTION