no Cause of action

- wrong jurisdiction (motu

CIVIL PROCEDURE
Preparation proprio)
- wrong venue (upon motion)
CASE
of a Then
Complaint
IF - prescribed
- non compliance with
DIsmissal FLOW CHART
conditions precedent
- no signed
PAGE 1
- Forum shopping (upon
complied motion

Non payment of docket fees within

If the reasonable time BUT before THEN DIsmissal
Filing of prescription -> no jurisdiction
Complaint

IF
Non payment of docket fees
within the reasonable time BUT THEN DIsmissal
before prescription -> no
complied jurisdiction

Amendment by plaintiff
IF
Before responsive pleading is SERVED - matter of right
After responsive pleading is SERVED- court discretion

Defendant’s procedural options: not required to

outrightly file an answer
Service of summons by 1. answer
the COC IF 2. complaint ambiguous- file motion for bill of
particulars
3. has ground-> motion to dismiss
4. does not answer-> judgment by default
complied

No ground for motion to dismiss

IF Complaint- in- intervention:
or that motion to dismiss was Stranger asserts a claim against one or all of the parties
denied
 NO answer
made
CIVIL PROCEDURE
CASE
Judgment by default
NO answer
made FLOW CHART
Admission of
claim
PAGE 2
NO denial. No
triable issues
Judgment based
Issue does not cover on pleadings
material fact
Answer By defendant Summary
Counter claim to judgment
plaintiff

Cross claim to co-

defendent
Reply by Plaintiff

3rd party complaint to

a stranger
Purpose:
contribution,
indemnity,
subrogation,
other relief
Answer- in- intervention:
Stranger unites with the defendant in
resisting a claim by plaintiff

After last pleading has been served

and filed

Modes of
discovery
Pre-Trial
(mandatory) Alternative
modes of
dispute
resolution

No settlement
or compromise
 CIVIL PROCEDURE
CASE
FLOW CHART
No settlement or PAGE 3
compromise

Defendant then: On demurrer to evidence:

Present evidence 1. presents own; or 1. denied-> may still present own
Trial by plaintiff. Then 2. demurrer to evidence evidence
rests 2. granted-> denied on appeal -> waives
right to present evident

Judgment
BEFORE judgment a) motion for
becomes final and reconsideration
executory b) motion for new trial
c) appeal

Post-judgment remedies
AFTER judgment
becomes final and a) petition for relief
executory b) action to annul judgment
c) certiorari

Judgment becomes final and

Execution executory