CIVIL PROCEDURE

I. COMPLAINT (in some actions

or proceeding, a PETITION)
- First pleading filed with the
court by a party called the
plaintiff
- Purpose: to apprise the
adverse party, called the
defendant of the nature
and the basis of the claim.

II.SUMMONS : a writ which

places the person, even of the
unwilling defendant, under the
jurisdiction of the court;
represents a compliance with the
rule on notice, an essential
element of constitutional due
process.
a. Personal service
b. Substituted service
c. Summons by publication

Cause of Action involves a

right of the plaintiff and a
violation of this right by the
defendant; supplied by
substantive law.
Right to action the right to
file a suit.

There is no right of action where

there is no cause of action

Mere compliance of condition

precedents is not sufficient; it
must be alleged in the
compliant.
need not be verified unless a
verification is specifically
mandated by law or by a particular
rule.
must contain or be accompanied
by a certification against forum
shopping. Failure to comply with
this requirement is a ground for
the dismissal of the complaint
upon motion and after hearing.
the filing must be accompanied by
the payment of the requisite docket
and filing fees.

III. ANSWER: the pleading which is considered as the responsive pleading to the
complaint; gives notice to the plaintiff as to which allegations in the complaint he
decides to contest and thus, puts in issue; contains both the negative and
affirmative defenses of the defendant.
Failure of defendant to file an answer will entitle the plaintiff to declare
defendant in default.
May be coupled with a counterclaim: a pleading which sets forth a claim
which the defending party may have against an opposing party; it is always
directed against an opposing party.
May be coupled with a cross-claim: a pleading containing the claim by one
party against a co-party.
The defendant may bring in third person into the suit and implead him as a

IV. PRE-TRIAL
It is the duty of the plaintiff to promptly move ex parte that the case be set
for pre-trial.
It is mandatory.

V.TRIAL
The parties present their evidences on their claims and defenses

VI. JUDGMENT
It is rendered after the submission of the evidences of the parties has been
concluded.
It represents the courts official determination of the respective rights and
obligations of the parties to the case.
There is no oral judgment under the Rules.
The date of entry of judgment should also be the date of finality of the
VII. POST JUDGMENT REMEDIES
a. Remedies before the judgement becomes final and
executor:
a.1. motion for reconsideration
a.2. motion for new trial
a.3. appeal
b. Remedies after the judgment becomes final and
executor:
b.1. petition for relief
b.2. action to annul the judgment

VIII. EXECUTION:
the remedy
afforded by
procedural rules for
the enforcement of
the judgment; it is
the fruit as well as
the end of the