TABLE OF CONTENTS

Welcome to my blog where you can read my VIRTUAL TEXTBOOK ON PHILIPPINE CIVIL PROCEDURE (2022 Edition). This is a work in progress since I will continue to update this as we go along. 

I pray for your success in your law studies and in the bar exams. Remember, the law profession is a calling. It's not for everyone but if you know you have been called, you must "do justice, love kindness, and walk humbly with God." Micah 6:8



PART I - INTRODUCTION

A. Overview of civil procedure

B. Preliminary matters
  • Actions
    • Ordinary Civil Actions
    • Importance of cause of action in ordinary civil actions
    • Special Civil Action
    • Special Proceedings
    • Criminal Actions
    • Actions or proceedings covered and not covered by the Rules of Court
  • Subject matter jurisdiction of Philippine courts in civil cases
    • Supreme Court
    • Court of Appeals
    • Court of Tax Appeals
    • Sandiganbayan
    • Regional Trial Courts
      • For purposes of determining RTC or MTC jurisdiction, how do we know if a case is incapable of pecuniary estimation?
    • Family Court
    • Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial CourtsRegular cases
    • Small claims
    • Cases covered by the rules on summary procedure
    • Barangay conciliation


PART II - STAGES OF AN ORDINARY CIVIL ACTION: PROCEDURE, DEFINITIONS, PRINCIPLES, JURISPRUDENCE, SIGNIFICANCE

  • Importance of cause of action in pleadings
  • Complaint: importance, parts, verification, certification of non-forum shopping
    • Title
    • Jurisdiction
    • Court
    • Venue
      • Local
      • Transitory
      • By stipulation
    • Parties
      • Real party in interest
      • Indispensable
      • Necessary
      • Alternative
      • Representative
    • Body
      • Statement of the names and circumstances of the parties
      • Statement of the facts constituting the cause of action
      • Legal basis
      • Factual basis (Evidence)Witnesses
      • Documentary evidence
      • Real evidence
      • Attachments
    • Prayer
    • Place, date, signature of the lawyer
      • Significance of the lawyer's signature
    • Verification by party
    • Certification of non-forum shopping by party
    • Attachments / annexes
  • Service of summons
    • Definition and purpose of summons
    • Significance in in rem, in personam, quasi in rem proceedings
    • How served
      • In person
      • Substituted
      • Publication
      • Extraterritorial service
    • Who serves
      • Process server or sheriff
      • Lawyer deputized by the court
  • Answer
    • When filed (Periods for filing)30 days; 60 days
    • Parts of an Answer
      • Title - jurisdiction, venue, parties
      • Body
        • Admissions
        • Specific Denials / Negative Defenses
        • Affirmative Defenses
        • Counterclaim
        • Cross-claim
        • Legal basis
        • Evidentiary (factual) basis
          • Witnesses
          • Documentary
          • Real evidence
    • Prayer
    • Place, date, signature of counsel
    • Verification by party
    • Certification against non-forum shopping by party
    • Attachments / annexes
  • Before the Defendant files an Answer, what can the Defendant file?
    • Motion for extension of time to file Answer
    • Motion for bill of particulars filed by the Defendant
    • Bill of particulars filed by the Plaintiff (followed by an Answer filed by the Defendant)
    • Motion to dismiss filed by the Defendant on limited grounds (4 grounds)
  • Before the Defendant files an Answer, what can the Plaintiff file?
    • Formal amendment of the Complaint
    • Substantive amendment of the Complaint
    • Notice to dismiss the Complaint
    • Motion to dismiss the Complaint
  • When an Answer is not filed by the Defendant despite proper service of summons, what can the Plaintiff do?
    • Motion to declare Defendant in default (filed by Plaintiff)Grounds
    • When to file
    • Effect if the motion to declare in default is granted by Court, as a result of which the Court issues an Order of default
    • Remedies available to the defendant when the Order of default has been issued by the Court
    • Difference between an Order of default and a judgment by default
    • Remedies of the Defendant when there is already a judgment by default
    • Effect of partial default (among several defendants, some answer, some are in default)
  • When the Defendant wants to bring in other parties to the case, what can he file?`
    • Third party, fourth party, etc. complaint
    • These parties will also have the opportunity to file their Answers
  • What the parties can file during the pendency of a case?
    • Motions, manifestations, and other submissions
  • Rules on service and filing
  • Compromise agreement subject to the court's approval through a judgment upon compromise
  • After the Defendant files an Answer, what happens next?
    • What Plaintiff can file
      • motion to amend complaint but only formal amendments are allowed
        • no need for a new service of summons
        • effect on old complaint
        • need for defendant to answer?
      • supplemental complaint
        • no need for new service of summons
        • defendant needs to answer
        • effect on old complaint
  • Pre-trial
    • Pre-trial proper, mediation, judicial dispute resolution
    • Purpose of pre-trial
    • Presence of the parties and counsel
      • Effect of absence of party/counsel
    • Filing of pre-trial briefs
      • Effect of failure to file pre-trial briefs, or failure to file on time
    • Plaintiff can file a motion for judgment on the pleadings
      • Purpose of motion for judgment on the pleadings
      • Result of judgment on the pleadings - If judgment is issued, trial of the case will no longer be held. There can also be a partial judgment on the pleadings, in which case, there will be a trial on the issues not disposed of at this point.
      • Either Plaintiff or Defendant can file a motion for summary judgment
        • Purpose of motion for summary judgment
        • Distinguish from judgment on the pleadings
  • Trial
    • After pre-trial, and there are still disputed matters to be resolved, trial will be conducted
    • Plaintiff presents evidence first
    • Plaintiff rests his case
    • Defendant may file a demurrer to the evidence if, based on his assessment, Plaintiff was not able to establish his claim despite the evidence he presented. 
      • If granted, the case will be dismissed, though Plaintiff may file an Appeal.
    • Defendant presents evidence
  • Judgment
    • Judgment in general
    • Promulgation
    • Entry / finality
    • Judgment after pre-trial
    • Judgment by agreement
    • Judgment upon compromise
    • Judgment on the pleadings
    • Summary judgment
  • Post-judgment remedies
    • Within the 15-day period to appeal
      • Motion for reconsideration (Rule 37)
      • Motion for new trial (Rule 37)
      • Notice of Appeal (Rule 44)
      • Petition for review (Rule 43)
      • Petition for review on certiorari  a.k.a. appeal by certiorari (Rule 45)
    • After the 15-day period to appeal
      • Petition for relief from judgment (Rule 38)
      • Action to annul (Rule 47)
    • Several defendants; effect of appeal by some
    • Finality and execution of judgment
    • Entry of judgment
    • Nunc pro tunc judgments
  • Execution
    • Order and writ of execution
    • By motion
    • By new action
    • Properties exempt from execution

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