Introduction: Simplified flowchart of an ordinary civil action

Civil procedure is not an easy subject for law students because it is quite technical and, in a way, abstract. It is easier to learn by doing, just as it is with any subject involving procedure.

When I was a law student, my professor in Remedial Law Review was the late Justice Serafin Cuevas. He said that studying remedial law (which civil procedure is part of) is like studying chess.  It is difficult to imagine just by reading. It is easier to understand by doing. 

This I realized when I started with my law practice soon after taking my lawyer's oath. 

And so now that I teach the subject, I can only imagine the struggles of law students in understanding the concepts and rules of civil procedure.

I wrote this virtual textbook to help you --- the law student --- understand the subject better, and prepare for the bar exams and for law practice.

So I am starting this virtual textbook with a simplified flowchart of an ordinary civil action. Note that this is very simplified, and the purpose of this is to give you the big picture. In the beginning, this flowchart may not make sense to you, but consider each part as a puzzle piece. As you go along, you will be able to put the puzzle pieces together and the whole picture will make sense.

In any case, if you have questions, post it on the comment box and I will do my best to answer you promptly.

THE FLOWCHART EXPLAINED

The flowchart starts with a cause of action. The cause of action is what triggers the filing of a case. Remember, without any cause of action, there is no reason for filing a case; there is no basis for filing a complaint. Later on we will define these concepts and discuss them in detail. For now, I will give you enough information to make you understand the big picture.

The  cause of action belongs to the Plaintiff. He is one of the primary actors in an ordinary civil action. He is the owner of the right that was violated by the Defendant, the other primary actor in a civil case.  Because his right was violated, the Plaintiff files a Complaint, which we call an initiatory pleading. It initiates or starts the case.

In response, the Defendant files a pleading called an Answer. The Answer may admit certain matters in the Complaint, it may also contain the defenses of the Defendant. In the Answer, the Defendant may also raise certain claims against the Plaintiff, which we will call a counterclaim. 

After the Plaintiff and Defendant (known as the Parties) file their Complaint and Answer, respectively, the case will now be set for pre-trial. Pre-trial has several purposes. Perhaps, the parties might agree on amicable settlement, which can lead to the early resolution of the case. If not, the parties will be required to lay their cards on the table by agreeing on the issues to be tried, and disclosing the evidence that they intend to present during the trial. 

Once the pre-trial is over, trial will be held in which the Plaintiff will be required to present evidence first, and then rest his case. Then the Defendant will present evidence, and rest his case.

After both parties have completed their evidence presentation, the court will render a judgment.

The party who does not agree with the judgment may file a motion for reconsideration, motion for new trial, or an appeal within 15 days from notice of the judgment. The judgment will become final and executory after the lapse of 15 days if none of these were filed. On the other hand, if these were filed, the parties will wait for these to be resolved.

The judgment will then become final and executory, and may now be enforced. For example, if the Plaintiff won the case and the judge rendered a judgment finding the Defendant liable for a sum of money, this is the time to enforce the judgment.

However, there are still two extraordinary remedies available to the losing party even after the judgment has become final and executory. These are a petition for relief and an action to annul the judgment. These can be availed of only under very exceptional circumstances as we will study later.

As I said, this is a very simplified flowchart of an ordinary civil action. A lot of incidents can and will take place, such as service of summons, the filing of motions, pre-trial briefs and others. I decided to simply it at this stage so that you would not be confused. At the end of this course, I will present you with a very detailed flowchart to show you all the possibilities that can happen in an ordinary civil action. By then, you will be able to tie all these together and all the different parts will make sense.

In the meantime, I can only advise you to be patient with yourself as you become familiar with the concepts and procedures.