I.
Ordinary Civil Ac�on; Simplified and Collapsed Flowchart; High Level
RULE 2. CAUSE OF ACTION
S1. Every civil ac�on must be based on a cause of ac�on.
S2. A cause of ac�on is the act or omission by which a party
violates the right of another.
S3. A party may not ins�tute more than one suit for a single
cause of ac�on.
JURISDICTION OF TRIAL COURT OVER THE SUBJECT MATTER
• Conferred by law
• Refer to B.P. Blg. 129 as amended by R.A. No. 11576
RULE 4. VENUE OF ACTIONS
S1. Venue of real actions.
S2. Venue of personal actions.
S3. Venue of actions against nonresidents.
S4. When Rule not applicable.
RULE 141. LEGAL FEES
• Refers to the rules for amount of filing fees.
• Non-payment of docket fees will result in failure of the trial
court to acquire jurisdic�on over the suit.
RULE 6. KINDS OF PLEADINGS
S3. Complaint. – The complaint is the pleading alleging the plain�ff’s or
claiming party’s cause or causes of ac�on. The names and residences of
the plain�ff and defendant must be stated in the complaint.
RULE 7. PARTS AND CONTENTS OF A PLEADING
Refer to the rules on parts and contents of a pleading, and requirements
on verifica�on and cer�fica�on against forum shopping.
JUDICIAL AFFIDAVIT RULE.
Refer to A.M. No. 12-8-8-SC for submission requirements and effect of
non-compliance
RULE 14. SUMMONS
• Within 5 calendar days from receipt of complaint and payment of
legal fees, Trial Court directs the clerk of court to issue Summons.
• Refer to rules for modes of service and requirements on proof of
service.
RULE 6. KINDS OF PLEADINGS.
S4. Answer. – An answer is a pleading in which a defending party sets
forth his or her defenses.
RULE 11. WHEN TO FILE RESPONSIVE PLEADINGS.
S1. Answer to the complaint. – The defendant shall file his or her answer
to the complaint within 30 calendar days a�er service of summons,
unless a different period is fixed by the court.
RULE 18. PRE-TRIAL
• A�er the last responsive pleading has been served and filed, the
branch clerk of court shall issue, within 5 calendar days from filing, a
no�ce of pre-trial which shall be set not later than 60 calendar days
from the filing of the last responsive pleading.
• Rule 18 also states the nature and purpose of pre-trial and procedural
requirements on pre-trial brief, pre-trial order, court-annexed
media�on, and judicial dispute resolu�on.
RULE 30. TRIAL
• The ini�al presenta�on of plain�ff’s evidence shall be set not later
than 30 calendar days a�er the termina�on of the pre-trial
conference.
• Rule 30 also states the schedule and order of trial.
• Presenta�on of evidence of all par�es shall be terminated:
o within a period of 10 months or 300 calendar days; or
o within a period of 6 months or 180 calendar days if there are no
third-party claims, etc.
RULE 30. TRIAL
• The court shall decide and serve copies of its decision to the par�es
within a period not exceeding 90 calendar days from the submission
of the case for resolu�on, with or without memoranda.
RULE 37. NEW TRIAL OR RECONSIDERATION
• Mo�on shall be resolved within 30 calendar days from
submission for resolu�on.
RULE 36. JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
The judgment or final order shall forthwith be entered by the
clerk in the book of entries of judgments. The date of finality
of the judgment or final order shall be deemed to be the date
of its entry.
RULE 38. RELIEF FROM JUDGMENTS, ORDERS, OR OTHER
PROCEEDINGS
• Refer to the rule for �me of filing pe��on, contents and
verifica�on.
• If sufficient in form and substance, Trial Court shall issue an
order to file an Answer to the adverse party.
• Trial Court may resolve to dismiss the pe��on or order a
RULE 39. EXECUTION, SATISFACTION AND EFFECT OF
JUDGMENTS
Refer to the rule for requirements and procedure for issuance
of writ of execu�on, and procedure for enforcement of each
kind of judgment.