Suit. The prosecution or pursuit of some claim or demand in a Court of Justice or any proceeding in a Court of Justice in which a Plaintiff pursues his remedy to recover a right or claim. Bench warrant. A Writ issued directly by a Judge to a law enforcement officer especially for the arrest of a person who has been held in contempt, disobeyed a subpoena, or failed to appear for a hearing or Trial. Indirect Contempt (or Constructive Contempt). An act of contumacy or misbehavior perpetrated outside of the sitting of the Court. Direct Contempt of Court (or Contempt in facie curiae). One committed in the presence of or so near the Judge as to obstruct him in the administration of justice. It is a contumacious act done ex facie curiae (in the face of the court) and may be punished summarily without hearing. Civil action. An action by which a party sues another either for the enforcement or protection of a right or the prevention or redress of a wrong. Special civil actions. Ordinary civil actions made peculiar by the special rules applicable to them that deviate from those prescribed for ordinary civil proceedings. They include civil actions under Rules 62 to 71 of the Rules of Court. Criminal action refers to one by which the State prosecutes a person for an act or omission punishable by law. REVIEW OUTLINE IN CIVIL PROCEDURE
Special proceeding. A remedy by which a
party seeks to establish a status, a right, or a particular fact. Cause of action. The act or omission by which a party violates a right of another. In relation to a Complaint, it is a formal statement of the operative facts that give rise to a remedial right or right of action. Right of action. The “remedial right” or “right to relief” granted by law to a party to institute an action against the person who has committed a delict or wrong against him. Jurisdiction. The authority to hear and determine a cause —the right to act in a case. The power and authority of a Court to hear and decide a case. Judgment or Final Order. A Judgment or Order that disposes of the subject matter of an action in its entirety or terminates a particular proceeding or action, leaving nothing more to be done except to enforce by execution what the Court has determined with finality. Relief from Judgment. A legal remedy whereby a party seeks to set aside a Judgment rendered against him by a court whenever he was unjustly deprived of a hearing or was prevented from taking an appeal, in either case, because of fraud, accident, mistake or excusable neglect. Genuine issue. An issue of fact which calls for the presentation of evidence as distinguished from an issue which is fictitious or contrived or which does not constitute a genuine issue for Trial. GLOSSARY OF TERMS IN CIVIL PROCEDURE 3
Summary judgment. A Judgment rendered
upon Motion by a party when there is no genuine issue as to the existence of a material fact and the moving party is entitled to a Judgment as a matter of law. Judgment on the pleadings. A Judgment which the Court, on Motion of the adverse party, may direct on such party’s pleading when an Answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading. Demurrer to evidence. A Motion to Dismiss on the ground of insufficiency of evidence and is presented after the Plaintiff rests his case. It is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue. Trial. The coming together of parties to a dispute before the Court to present in a formal setting their respective evidence on the basis of which such Court will exercise it its authority to adjudicate the claim or dispute. REVIEW OUTLINE IN CIVIL PROCEDURE
Production or inspection of documents or
things. The request of a party-litigant before the Court in which the action is pending to issue an Order directing a party to produce and permit the inspection and copying or photographing of documents, papers, books, etc., which are not privileged; and in his custody or control, or permitting entry into a land or other property in the possession of a party for the purpose of inspecting, measuring, surveying or photographing the same. Request for admission by adverse party. A mode of discovery which contemplates of interrogatories that would clarify and tend to shed light on the truth or falsity of the allegations in the pleading. Admission by adverse party. A party-to-party process, done without Leave of Court and after the issues have been joined or after the Defendant has filed his Answer, involving a request for admission by the adverse party of the genuineness of any relevant documents attached to such request or of the truth of any relevant matter of fact set forth in said request. Interrogatories to parties. A party-to-party request for answers to written queries after the Answer to the Complaint is filed. Deposition pending appeal. The taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the Court in which a Judgment was rendered, upon allowance by such Court in case an Appeal has been taken from its Judgment, or before GLOSSARY OF TERMS IN CIVIL PROCEDURE 5
the taking of an Appeal if the time for it has not
expired. Deposition before action. The the taking by a person who expects to be a party to an action but is presently unable to bring it and who desires to perpetuate his own testimony or that of another person of such testimony by way of oral examination or written interrogatories, upon Order of the Court after a Verified Petition for Deposition has been filed by him in the Court of the place where any of the expected adverse parties resides. Commission. An instrument issued by a Court of Justice or other competent Tribunal to authorize a person to take depositions or to do any other act by authority of such Court or Tribunal. Letters Rogatory. An instrument sent in the name and by the authority of a Judge or Court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause pending before the former, a witness who is within the jurisdiction of the Judge or Court to whom such letters are addressed. Deposition pending action. The taking of the testimony of a person, whether a party or not, at the instance of another, by way of oral examination or written interrogatories. This can be done either by Leave of Court, after jurisdiction has been obtained over a Defendant or over the property which is the subject of the action, or without such leave, after an Answer has been served. Deposition. A mode of discovery intended as a means to compel the disclosure of facts relevant in a suit or court proceeding which are known to a REVIEW OUTLINE IN CIVIL PROCEDURE
party or other persons. It is the written testimony
of a witness given in the course of a judicial proceeding in advance of the Trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination. Discovery. The procedure by which a party in an action is allowed to obtain before Trial knowledge of relevant facts and material evidence in the possession of the adverse party or a witness. Modes of discovery. The deposition-discovery mechanism set forth in Rules 23 to 28 which comprises the various modes or instruments of discovery meant to serve as a device, along with the Pre-Trial hearing under Rule 20, to narrow and clarify the basic issues between the parties and as a device for ascertaining the facts relative to those issues. Subpoena ad Testificandum. A process directed to a person requiring him to attend and to testify at the hearing or the Trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition. Subpoena duces tecum. A process directed to a person requiring him to bring with him any books, documents, or other things under his control. GLOSSARY OF TERMS IN CIVIL PROCEDURE 7
Intervention. A proceeding in a suit or action
by which a third person is permitted by the Court to make himself a party, either joining the Plaintiff in claiming what is sought by the Complaint, or joining the Defendant in resisting the claims of the Plaintiff, or demanding something adversely to both of them. The act or proceeding by which a third person becomes a party in a suit pending between others. The admission, by Leave of Court, of a person not an original party to the pending legal proceedings, by which such person becomes a party to it for the protection of some right or interest alleged by him to be affected by such proceedings. Pre-Trial Order. An Order embodying the agreements reached at the Pre-Trial Conference which shall control the subsequent course of the Trial and should not be disturbed unless there would be manifest injustice. Pre-Trial Brief. A document prepared by the legal counsel for a Plaintiff or for a Defendant that summarizes the facts of a case and the legal arguments to be presented during the Trial. It typically includes applicable case law, rules of procedure and other information relevant to the case. Pre-Trial. A proceeding held before an official Trial, especially to clarify points of law and facts. It is a compulsory conference held among the Judge and the parties to the action and the latter’s respective counsels set by the Plaintiff by Motion, after the service and filing of the last pleading and before Trial, for the purpose of simplifying the REVIEW OUTLINE IN CIVIL PROCEDURE
issues, expediting the procedure and exploring the
possibility of amicable settlement, among others. Laches. The failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence could or should have been done earlier. It is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. Motion to Dismiss. The application for relief by the Defendant or the Responding Party principally praying for the dismissal of the Complaint or Pleading asserting a claim based on grounds which are patent on the face of the Complaint or on defenses available to the Defendant at the time of the filing of the Complaint. Motion. An application for relief other than by a pleading. Voluntary appearance. The voluntary submission to the jurisdiction of the Court. It is an appearance in whatever form and without explicit objection to the jurisdiction of the Court over the person which is considered a submission to the jurisdiction of the Court over such person. Legal guardian. A person duly appointed by a court of competent authority to exercise care and custody of or parental authority over the person of such child or employee.1 Guardian ad litem. A person appointed by the Court in which the action or proceeding is pending 1 Claridades, A., Philippine legal Lexicon, 2015 Edition GLOSSARY OF TERMS IN CIVIL PROCEDURE 9
to represent the Defendant who is a minor, insane
or otherwise an incompetent, and who therefore lacks the legal capacity to make Decisions for himself. Competent person in charge (of the Defendant’s office or regular place of business). One who is managing the office or business of Defendant, such as the president or manager, and must have sufficient knowledge to understand the following the obligation of the Defendant in the summons, its importance, and the prejudicial effects arising from inaction on the summons. Discretion. The ability to make Decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. Person of suitable age and discretion. A person who has attained the age of full legal capacity (18 years old and above) and is considered to have enough discernment to understand the importance of a summons. Reasonable time. So much time as is necessary under the circumstances for a reasonably prudent and diligent man to do, conveniently, what the contract or duty requires that should be done, having a regard for the rights and possibility of loss, if any, to the other party. Alias summons. Another summons issued by the Clerk of Court, upon Plaintiff’s demand, when the previous summons is returned without being served on any of the Defendants or has been lost. REVIEW OUTLINE IN CIVIL PROCEDURE
Summons. A Writ by which the Defendant is
notified of the action brought against him. Service of such writ is the means by which the Court acquires jurisdiction over his person. Jurisdiction over the person of the Defendant is acquired through coercive process, generally by the service of summons issued by the Court, or through the Defendant's voluntary appearance or submission to the Court. Notice of lis pendens. An announcement to the whole world that a particular real property is in litigation, and serves as a warning that one who acquires an interest over said property does so at his own risk, or that he gambles on the result of the litigation over said property. Filing. The act of presenting the pleading or other paper to the Clerk of Court. Service. The act of providing a party with a copy of the pleading or paper concerned. In practice, service means the delivery or communication of a pleading, notice or some other paper in a case, to the opposite party so as to charge him with receipt of it and subject him to its legal effect. Bill of particulars. A more definite statement, ordered by the Court on Motion of a party, the office of which is limited to making more particular or definite the ultimate facts in a pleading that were alleged too generally or not averred with sufficient definiteness or particularly as to enable an adverse party properly to prepare his Responsive Pleading or to prepare for Trial. GLOSSARY OF TERMS IN CIVIL PROCEDURE 11
Reply. A pleading the office or function of
which is to deny or allege facts in denial or avoidance of new matters alleged by way of defense in the Answer and thereby join or make issue as to such new matters. Supplemental pleading. A pleading that only serves to bolster or add something to the primary pleading. In other words, it is a supplement that exists side by side with the original and therefore does not replace that which it supplements. Formal amendment. The summary correction by the Court of a defect in the designation of the parties and other clearly clerical or typographical errors at any stage of the action, at its initiative or on Motion, provided, that NO prejudice is caused thereby to the adverse party. Default. The failure of the Defending Party (Defendant) to answer within the period allowed for it by the Rules. It does not arise from his failure to appear at a Pre-Trial Conference nor from his failure to present evidence. Actionable document. A written instrument upon which an action or defense is based. Conditions precedent. Matters which must be complied with before a cause of action arises. Ultimate facts. The essential facts constituting the Plaintiff's cause of action, or such facts as are so essential that they cannot be stricken out without leaving the statement of the cause of action inadequate. Those facts which the expected evidence will support. The facts which the evidence on the Trial will prove, and not the evidence which REVIEW OUTLINE IN CIVIL PROCEDURE
will be required to prove the existence of those
facts. Forum shopping. The institution of two or more actions or proceedings involving the same parties for the same cause of action, either simultaneously or successively, on the supposition that one or the other court would make a favorable disposition. Certification of non-forum shopping. The certification under oath by the Plaintiff or Principal Party in the Complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed to it and simultaneously filed with it: (a) that he has NOT commenced prior to such Complaint any action or filed any claim involving the same issues in any Court, Tribunal or Quasi-Judicial Agency and, to the best of his knowledge, NO such other action or claim is pending in those fora; (b) that IF there is such other pending action or claim, a complete statement of its present status; and (c) that if he should learn after filing the Petition that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the Court wherein his aforesaid Complaint or initiatory pleading has been filed. It is also called Certificate of non-forum shopping and Certification against forum shopping. Verification. A certification under oath by a party or a person who has authority to act for a party that he has read the Pleading or Motion and that he certifies to the truth of the facts stated in such Pleading or Motion on the basis of his own GLOSSARY OF TERMS IN CIVIL PROCEDURE 13
personal knowledge or authentic documents in his
possession. Signed pleading. A pleading that is signed either by the party himself or his counsel. Third (or fourth, etc.)-party Complaint. A claim that a Defending Party may, with Leave of Court, file against a person not a party to the action, called the Third (or Fourth, etc.) - Party Defendant for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim. A procedural device whereby a "Third (or Fourth, etc.) Party" who is neither a party nor privy to the act or deed complained of by the Plaintiff may be brought into the case, with Leave of Court, by the Defendant who acts as “Third (or Fourth, etc.) - Party Plaintiff” to enforce against such “Third (or Fourth, etc.) - Party Defendant” a right for contribution, indemnity, subrogation or any other relief, in respect of the Plaintiff's claim. Affidavit of Merit. A sworn statement which must accompany the Petition for Relief from Judgment showing the facts constituting the Petitioner’s good and substantial cause of action or defense, as the case may be. It serves as the jurisdictional basis for the Court to entertain a Petition for Relief. Execution. The fruit and end of the suit and is very aptly called the life of the law. It is the process which carries into effect a Decree or Judgment. Satisfaction of Judgment. The payment of the amount of the writ; or a lawful tender of such payment, or the conversion by sale of the debtor's REVIEW OUTLINE IN CIVIL PROCEDURE
property into an amount equal to that due. It may
be done otherwise than upon an execution. Execution as a matter of right. The right of the prevailing party to have the executory Judgment rendered in his favor enforced by way of a Motion within five (5) years from the date of entry of such Judgment. Several Judgment. A judgment rendered against one or more Defendants and NOT against all of them, leaving the action to proceed against the others. Separate Judgment. A judgment that disposes of a claim among several others presented in a case after a determination of the issues material to a particular claim and all Counterclaims arising out of the transaction or occurrence which is the subject matter of said claim. Partial Judgment. A judgment that disposes of one or more issues in a case when there is NO dispute as to the material facts and a party is entitled to Judgment as a matter of law. Supersedeas bond. A bond, either in cash or a surety bond, filed by the losing party in an ordinary civil action to secure the performance or to satisfy the Judgment appealed from in case it is affirmed on Appeal in favor of the prevailing party. A bond required to be filed by the adverse party desiring to stay the discretionary execution of a Judgment or Final Order pending Appeal for the purpose of securing the performance of such Judgment or Final Order in case of its affirmation by the Appellate Court. GLOSSARY OF TERMS IN CIVIL PROCEDURE 15
Action for Revival of Judgment. A procedural
means of securing the execution of a previous Judgment which has become dormant after the passage of five (5) years without it being executed upon Motion of the prevailing party. It is NOT intended to re-open any issue affecting the merits of the Judgment Debtor's case NOR the propriety or correctness of the first Judgment.
DAR AO No. 1, Series of 2019, "Streamlining The Processing of Applications For Land Use Conversion Under DAR Administrative Order No. 1, Series of 2002"