CIVIL PROCEDURE

I. THE RULES OF COURT

1. What is remedial law?

2. What is a procedural law?
3. How does procedural law differ from substantive law?
4. When may procedural law prevail over substantive law?
5. Is the “Rules of Court” a law?
6. What is the rule-making power of the Supreme Court?
7. What is the basis of the rule-making power of the Supreme
Court?
8. How must the rules of court be applied?
9. When may the rules of court be relaxed?
10.What is judicial economy?

CIVIL PROCEDURE IN A NUTSHELL (Introduction)

Filing of the Complaint Service of Summons Filing of the Answer

Finality of Judgment Rendition of Judgment Trial Pre-trial
Execution of Judgment. (Please write this in your notebook and inside your
head)

I. Filing of complaint:

1. What is a complaint?
2. When is it deemed filed?
3. What is the purpose of filing the complaint?
4. What is a docket fee?
5. How is the filing fee determined?
6. What is the effect if the filing fee is not paid?

II. Service of Summons:

1. What is a summons?
2. Who may serve a summons?
3. Upon whom must summons be served if the defendant is a
natural person?
4. Upon whom must summons be served if the defendant is a public
juridical person?
5. Upon whom must summons be served if the defendant is a
private entity?
6. Upon whom must summons be served if the defendant is a
foreign private entity conducting business in the Philippines?
7. Upon whom must summons be served if the defendant is a
foreign private entity not conducting business in the Philippines?
8. How may summons be served?
 9. What is the proof that summons has been served?

III. Filing of the Answer:

1. What is an answer?
2. How is the answer served?
3. How is the answer filed?
4. What may happen if an answer is not filed?

IV. Pre-trial:

1. What is pre-trial?
2. What is a preliminary conference under the regular rules of civil
procedure?
3. What is a preliminary conference under Rule on Summary
Procedure?
4. What is a pre-trial brief?
5. What is a pre-trial order?
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?
7. What is the consequence if the plaintiff does not appear during
the pre-trial in actions governed by the Rule on Summary
Procedure?
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?
9. What is the consequence if the defendant does not appear during
the pre-trial in actions governed by the Rule on Summary
Procedure?
10. What is the effect if a party fails to file a pre-trial brief?

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 parts of a judgment?
3. What are the requisites of a valid judgment?
4. When may a judgment be rendered?
5. When may a judgment be deemed rendered?
6. What are your remedies against a judgment?
7. What are the kinds of judgments according to the prestations
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. When may a writ of execution be issued?
4. When may a writ of demolition be issued?
5. What is a writ of possession?
6. In what instances may a writ of possession be issued?
7. What is the duration of the validity of a writ of execution?
8. What are your remedies against a writ of execution?
9. When may an execution be stayed?
10.How will you stay the execution of a judgment pending appeal?
11.In general, how may a judgment be executed?
12.What is revival of judgment?
13.How is a judgment for money executed or enforced?
14.How is a judgment for a specific act executed or enforced?
15.How is a special judgment executed or enforced?
16.Who executes a judgment?
17.What is a terceria?
18.What is your remedy if your terceria is denied?

Instructions: WRITE your answers in any notebook/binder of your

choice, of any size or shape, perhaps something that you can easily carry
around. Remember, this is supposed to be your reviewer for the bar.
This is just the first of 17 parts so you must allot enough pages. It is
suggested that you leave spaces for additional notes because the questions
asked are just on the basic concepts. You might want to add your own
notes for you to top the bar . Do not forget to indicate the legal bases
for your answers. As much as possible, use the law and rules before you
resort to jurisprudence. Notebooks will be checked at random,
depending on your performance.

ANG MAGREREKLAMO, MAKAKARMA 