CIVIL PROCEDURE FLOWCHART TACUBOY

Act/Omission of a party which

CAUSE OF ACTION violates a right of another

Venue Service:
1. Real Property: venue of real property COMPLAINT Filing & Payment of docket fees = Jurisdiction
Filing: To present pleading to Clerk of Court
1. Personal
2. Personal Property: 2. Registered Mail
1. Personally
a) Resident Defendant: where plaintiff or defendant resides 3. Substituted
- clerk endorse in pleading time and date of filing
b) Non-resident in PH: where he may be found, at election of plaintiff 4. Ordinary Mail
2. by Registered Mail:
c) Non-Resident out PH: where plaintiff resides or where property is situated
- post office stamp signifies the date and time of filing.
d) PH citizen temporarily out PH: where plaintiff or defendant resides
- Proof:
(a) registry receipt
(b) affidavit by person mailing
(c) return card

Return VOLUNTARY APPEARANCE / SUMMONS / PUBLICATION Publication Proof:

• Personally or Registered Mail 1. Affidavit of publisher/ editor + actual copy
- original document to clerk Service of Summons of publication
- copy to counsel • In PH: Personal or Registered Mail 2. Affidavits showing deposit of summons in
• By Sheriff • If domestic private entity: give to Pres., Managing, Partner, Corp. Sec, Treasurer post office
1. Personally or • If foreign private juridical entity: give to agent/ gov’t official.
2. Substituted service personally/with leave of court /through court with DFA
+ publication & registered mail at last known address
• If extraterritorial service: personal, with leave of court
+ publication & registered mail at last known address

AMENDMENT OF PLEADING MOTION TO DISMISS

• Once – Notice to Amend Defendant Plaintiff
• Subsequent amendments need leave of court • JJVCLRPCUE • Matter of right
• Fault – failure to appear & present evidence

BILL OF PARTICULARS Why matter not averred with particularity

Affirmative – allegation of new matter

ANSWER Negative – specific denial, disavowal of knowledge

REPLY
Duty to Appear: After last pleading has been served and filed
Plaintiff – failure: dismissal with prejudice
Defendant – failure: allow plaintiff to present ex parte
PRE-TRIAL Pre-trial brief: filed and served at least 3 days prior pre-trial

TRIAL Upon entry in calendar, clerk

shall notify parties at least
5 days prior
DEMURRER TO EVIDENCE
Upon facts & law plaintiff has shown no right to relief


Not Allowed:
JUDGMENT ON PLEADINGS 

No issue at all There is issue but
fictitious
SUMMARY JUDGMENTS Can be raised by
• Claimant
Always full judgment
• Dec. of nullity of marriage  Answer fails to render issue  Partial judgment allowed after answer
• Annulment   • Defendant
Answer admits material allegations No genuine issue as to material
• Legal separation fact any time

FINAL JUDGMENT / FINAL ORDERS FINAL AND EXECUTORY

Disposes of case. Pending appeal Expiration of period to appeal.
Determines the case Execution is a matter of right
• In writing
• Personally & directly prepared by judge
• Stating fats and law
• Signed & filed with clerk

MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION

Grounds: Grounds:
1. FAME : must be accompanied by affidavit of merit 1. Damages excessive
2. Newly discovered evidence: could not have been discovered with reasonable diligence . If 2. Evidence insufficient
presented, would alter result 3. Decision is contrary to law

GRANTED COURT TO DENIED

• Original judgment VACATED RESOLVE • Execution of judgment
• Recorded evidence included W/IN 30 DAYS

Rule 40
• MTC  RTC w/ jurisdiction over area Rule 41
Appeal to CA: (ordinary)
APPEAL Withdrawal anytime before appellee’s brief
• 15 days after notice Rule 65
• • cases decided by RTC in exercise of orig jd
30 days if record on appeal Rule 42 Rule 43 CA,SB,CTA,RTCSC
• Same title
• File notice & pay to MTC Appeal to CA (Petition for Review) QJA  CA (Petition for Review) (Petition for Review on
• • Appellant: file w/in 45 days
MTC clerk send to RTC • cases decided by RTC in • within 15 days from judgment Certiorari)
• • All evidence attached
RTC to notify parties appellate jurisdiction by PFR • Failure to pay & comply w/ • verified petition raising
• 7 copies of brief, w/ proof of service of 2 copies
• appellee file w/in 45 days from requirements = dismissal questions of law &
receipt of judgment file brief provisional remedies

DISMISSAL Publication of Judgment JUDGMENT

DISMISSAL DISMISSAL OF APPEAL • Official Gazette
1. Out of time or 1. Failure to show no its face taken w/in period to appeal
2. Non-payment of docket fees 2. Failure to file notice w/in period described
Anytime
MNT (CA) MR CA)
3. Unauthorized alterations
4. Failure to pay docket fees Newly discovered evidence Within 15 days from notice To be resolved by CA
5. etc To be resolved by CA w./in 90 days No MR allowed. w./in 90 days
Original jurisdiction DISMISSAL
ANNULMENT • Prelim Conf (48) SUPREME COURT • Not within regl. Prd • Error in mode of appeal
• Lack of merit • Case not appealable to SC
• Oral Argument (49)
Last remedy—cant be resorted if other remedies are available Grounds: Extrinsic fraud or lack of JD • Judgment (51) Appellate jurisdiction • Failure to pay DF
Through no fault of plaintiff. • PRC • Failure to comply w/ order w/o justifiable cause
(CA over RTC) or (RTC over MTC) • MR (52) • Rule 45 Procedure

(Rule 57) ATTACHMENT
- At commencement of action or
anytime before judgment
- Upon motion or issued ex parte
- For security for satisfaction of
judgment
- Applicant: must file affidavit and
pay bond
(Rule 58) PREL. INJ
- Granted at any stage
of action prior to
judgment or final order
- To refrain from acts or
require performance
(Rule 59)
RECEIVERSHIP
- Verified app showing
applicant has interest
in property
a. In danger of being L,R, MI
b. Foreclosure (W,D,MI)
c. After judgment to
preserve or dispose
d. Appointment most
convenient to preserve
(Rule 60) REPLEVIN
- At commencement of
action or anytime
before answer
- Delivery of Personal
Property
(Rule 61) SUPPORT
PENDENTE LITE
- At commencement of
action or anytime before
judgment or final order
- Verified application
a. Grounds for claim
b. Financial conditions of both
parties
c. With affidavits, depositions
or authentic documents
Duty to Appear:
Plaintiff – failure: dismissal with prejudice
Defendant – failure: allow plaintiff to present ex parte
Not Allowed:
• Dec. of nullity of marriage
• Annulment
• Legal separation
FINAL
Disposes of case. Pending appeal
Grounds:
1. FAME : must be accompanied by affidavit of merit
2. Newly discovered evidence: could not have been discovered with reasonable diligence . If
presented, would alter result
Rule 40
• MTC  RTC w/ jurisdiction over area
• 15 days after notice
• • cases decided by RTC in exercise of orig jd
30 days if record on appeal
• File notice & pay to MTC
• • Appellant: file w/in 45 days
MTC clerk send to RTC
• • All evidence attached
RTC to notify parties
DISMISSAL
1. Out of time or
2. Non-payment of docket fees
Last remedy—cant be resorted if other remedies are available
Through no fault of plaintiff.
CIVIL PROCEDURE FLOWCHART TACUBOY
Act/Omission of a party which
CAUSE OF ACTION violates a right of another
Service:
Venue
1. Real Property: venue of real property
COMPLAINT Filing & Payment of docket fees = Jurisdiction
Filing: To present pleading to Clerk of Court
1. Personal
2. Registered Mail
2. Personal Property: 1. Personally
3. Substituted
a) Resident Defendant: where plaintiff or defendant resides - clerk endorse in pleading time and date of filing
4. Ordinary Mail
b) Non-resident in PH: where he may be found, at election of plaintiff 2. by Registered Mail:
c) Non-Resident out PH: where plaintiff resides or where property is - post office stamp signifies the date and time of filing.
situated - Proof:
d) PH citizen temporarily out PH: where plaintiff or defendant resides (a) registry receipt
(b) affidavit by person mailing
(c) return card
Return
• Personally or Registered Mail VOLUNTARY APPEARANCE / SUMMONS / PUBLICATION Publication Proof:
- original document to clerk 1. Affidavit of publisher/ editor + actual copy
- copy to counsel Service of Summons of publication
• • In PH: Personal or Registered Mail
By Sheriff 2. Affidavits showing deposit of summons in
1. Personally or • If domestic private entity: give to Pres., Managing, Partner, Corp. Sec, Treasurer post office
2. Substituted service • If foreign private juridical entity: give to agent/ gov’t official.
personally/with leave of court /through court with DFA
+ publication & registered mail at last known address
• If extraterritorial service: personal, with leave of court
+ publication & registered mail at last known address
MOTION TO DISMISS
AMENDMENT OF PLEADING
• Once – Notice to Amend Defendant Plaintiff
• Subsequent amendments need leave of court • JJVCLRPCUE • Matter of right
• Fault – failure to appear & present evidence
BILL OF PARTICULARS Why matter not averred with particularity
- Court takes into account
a. Necessities of applicant Affirmative – allegation of new matter
b. Resources and means of
adverse party ANSWER Negative – specific denial, disavowal of knowledge
c. Terms of payment or mode
of providing support
REPLY
After last pleading has been served and filed
PRE-TRIAL Pre-trial brief: filed and served at least 3 days prior pre-trial
TRIAL Upon entry in calendar, clerk
shall notify parties at least
5 days prior
DEMURRER TO EVIDENCE
Upon facts & law plaintiff has shown no right to relief

JUDGMENT ON PLEADINGS 

No issue at all There is issue but
fictitious
SUMMARY JUDGMENTS Can be raised by
• Claimant
Always full judgment
 Answer fails to render issue  Partial judgment allowed after answer
  • Defendant
Answer admits material allegations No genuine issue as to material
fact any time
JUDGMENT / FINAL ORDERS FINAL AND EXECUTORY
Expiration of period to appeal.
Determines the case Execution is a matter of right
• In writing
• Personally & directly prepared by judge
• Stating fats and law
• Signed & filed with clerk
MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION
Grounds:
1. Damages excessive
2. Evidence insufficient
3. Decision is contrary to law
GRANTED COURT TO DENIED
• Original judgment VACATED RESOLVE • Execution of judgment
• Recorded evidence included W/IN 30 DAYS
Rule 41
Appeal to CA: (ordinary)
APPEAL Withdrawal anytime before appellee’s brief
Rule 65
Rule 42 Rule 43 CA,SB,CTA,RTCSC
• Same title
Appeal to CA (Petition for Review) QJA  CA (Petition for Review) (Petition for Review on
• cases decided by RTC in • within 15 days from judgment Certiorari)
appellate jurisdiction by PFR • Failure to pay & comply w/ • verified petition raising
• 7 copies of brief, w/ proof of service of 2 copies
• appellee file w/in 45 days from requirements = dismissal questions of law &
receipt of judgment file brief provisional remedies
DISMISSAL Publication of Judgment JUDGMENT
DISMISSAL OF APPEAL • Official Gazette
1. Failure to show no its face taken w/in period to appeal
2. Failure to file notice w/in period described
Anytime
MNT (CA) MR CA)
3. Unauthorized alterations
4. Failure to pay docket fees Newly discovered evidence Within 15 days from notice To be resolved by CA
5. etc To be resolved by CA w./in 90 days No MR allowed. w./in 90 days
Original jurisdiction DISMISSAL
ANNULMENT • Prelim Conference (48) SUPREME COURT • Not within regl. Prd • Error in mode of appeal
• Lack of merit • Case not appealable to SC
• Oral Argument (49) Appellate jurisdiction
Grounds: Extrinsic fraud or lack of JD • Failure to pay DF
• Judgment (51) • PRC
• Failure to comply w/ order w/o justifiable cause
(CA over RTC) or (RTC over MTC) • MR (52) • Rule 45 Procedure