DETAILED EXPLANATION OF THE FLOW CHART

I.CONSULTATION WITH LAWYER

1) -If the lawyer determines that a cause of actions exists, he shall advice the client to
file complaint.

-The complaint is the pleading alleging a right of the plaintiff to claim based on the
cause of action.

-The cause of action is determined by the allegations in the complaint, not the
designation of the complaint.

The elements of a Cause of Action are:

Right in favor of the plaintiff
Obligation to respect such right
Violation of the obligation by the defendant to respect such right
Injury and
Damage resulted to the plaintiff

The sources of a cause of action are:

Law
Obligation
Contract
Quasi-Contract
Delict
Quasi-delict

-The test for determining the existence of a Cause of Action:

Admitting the truth of the facts alleged, can the court render a valid judgment in
accordance with the prayer?

-It is important to clearly state the cause of action in the complaint. There are two
instances when the complaint must procedurally fail because of the cause of action:
i)Failure to state a cause of action
-Means that the pleading did not state the elements constituting the
violation on the right of the plaintiff.
-May be a ground for dismissal without prejudice
-Remedy of the plaintiff is to refile the complaint.
ii)Lack of a cause of action
-Means the allegations in the complaint were insufficient to prove that
the plaintiff indeed has a right to claim.
-Defendant may file a Demurrer to Evidence
-A Demurrer to Evidence has the same effect of a Motion to
Dismiss.
-The difference is the timing of when it can be filed.
-Can be filed after the presentation of plaintiff’s evidence
 -If granted, complaint is dismissed.
-If denied, defendant can no longer present evidence.
-Judgment will be based on plaintiff’s evidence.
-If on appeal and was granted, appellate court shall not remand
to trial court and shall render judgment based on plaintiff’s
evidence.

-The complaint shall be filed with all the names, residences, and Judicial
Affidavits of the witnesses to be presented during the trial.

-One-day examination rule- the examination of the witnesses must be fully

completed within one day.

-Most important witness rule- the parties shall present their witnesses in
order according to the most important one

2) If the lawyer determines that there is no cause of action, advice not to file a case.

II. OFFICE OF THE CLERK OF COURT and BRANCH/COURT

1) If Cause of Action exists, the complaint shall be filed at the Office of the Clerk of
Court.
-
2) The plaintiff shall pay in full the docket fees.
-Payment of docket fees within the prescribed period is important so that the
court may acquire jurisdiction over the person of the plaintiff.

- Non-payment of docket fees (both original case and appeal) may cause the
dismissal of the case.

-Appellate docket fee is to be paid in the court which rendered the judgment or
final order to be appealed; not in the appellate court.

-Liberality rule on payment of docket fees is based on the court’s discretion. This
is not mandatory and automatic that the case will be dismissed upon non-payment
during the prescribed period (for appeal, during the time within which one can
file an appeal.

3) The case is docketed and raffled to the court that will handle it.
4) Upon receipt of raffle with the complaint, the branch clerk of court shall issue
summons within five calendar days.

-Along with the summons, the branch clerk of court shall also issue an Order
requiring the parties to avail of Rule 25 and Rule 26 of the Rules of Court for Modes
of Discovery.
 5) The summons shall be served. Service is generally made by the sheriff or any
officer of the court.

-Service may be made: (in person is the suggested mode)

In person – must be 3 attempts on 2 different dates
Substituted service
-leave copies in his residence to an 18year old living in the same house
-leave copies at his office to a competent person who always receives mails
-leave copies at homeowner’s association
-send email of summons
Extraterritorial service

-The jurisdiction over the defendant is acquired by:

-Service of summons
-Voluntary appearance

-The sheriff must be able to serve the summons within 30 calendar days from
issuance by the Clerk of Court.

-The sheriff must file a return with the Clerk of Court and the plaintiff’s counsel.

-If the summons were not served by the sheriff, the court shall order the plaintiff
to serve the summons.

-The failure of the plaintiff to comply with the Order shall be a cause for dismissal
of the complaint without prejudice. Remedy is to refile the case.

III. PARTIES
1) After receipt of the summons, the complaint, and order, the defendant must file an
answer within 30 calendar days. The summons instructs the defendant to file an
answer.

-The filing of an answer by the defendant shall be considered a voluntary appearance.

Therefore, the court also acquires jurisdiction over the defendant’s person when he
files the Answer.

-The answer shall contain affirmative defenses. A motion to dismiss the complaint is
NOT the proper step after receiving the summons and complaint, based on the revised
rules of court.

-If the defendant does not file an answer within 30 calendar days, the plaintiff may
file a motion to declare him in default. The court may not declare the defendant by
default moto proprio.

-If the motion is granted, the defendant shall be declared in default. Defendant may
file a Petition for Relief from Order of Default.
 -A defendant declared in default shall not take part in the proceedings. But he will still
receive the notices and orders therefrom.

Kinds of defenses in the answer:

Negative – specific denial of the material allegations in the complaint. This creates
the issue in the litigation. If there is no issue created, no trial is necessary, and the
court may render a Judgment on the Pleadings.

-The specific denial must be coupled with an oath when:

i)denial of actionable document
ii)denial of allegations of usury

Affirmative – defense by way of confession and avoidance

-alleges new matters which, while hypothetically admitting the
allegations in the pleading, the claimant would nevertheless be
prevented or barred recovery

2) If an actionable document is attached to the answer, the plaintiff may file a reply.
-An actionable document is a written instrument or document which is used as a basis
of a defense or action.

-The actionable document shall form part of the pleading.

3) The defendant may file a rejoinder if the reply is based solely on an actionable
document.

4) After the last responsive pleading is received from the parties, the branch clerk of
court shall issue a notice of pre-trial within 5 calendar days.

-Pre-trial is mandatory in civil cases. The purpose of a pre-trial is to have the

possibility of a settlement of the parties and to avoid costs of litigation and to save the
parties from being vexed from the process of a litigation.

-“Last pleading” means the last responsive pleading filed by the parties.

-The parties shall file a pre-trial brief at least three calendar days before the date of
Pre-trial conference.

-Being mandatory, there are punishments to the parties if they fail to attend the pre-
trial.
i)If the plaintiff fails to attend or file a pre-trial brief, it shall be a cause of
dismissal with prejudice. The remedy of the plaintiff is to appeal under Rule
41.
 ii)If the defendant failed to appear or file a pre-trial brief, the plaintiff shall
present his evidence ex-parte and the court shall render judgment on the basis
of the evidence presented.

-The non-appearance may only be excused if:

i)Acts of God
ii)Force Majeur
iii)Physical inability to appear

-The pre-trial shall include court-annexed mediation and a judicial dispute resolution.
This is so the court can still see if a settlement may be reached to avoid litigation.

-The original court raffled with the case shall refer the case to the Philippine
Mediation Center for the court-annexed mediation. If it is successful, a settlement
shall be signed by the parties. If it is not successful, the original court may refer it to
another court of the same level for judicial dispute resolution. If successful, a
settlement shall be signed. If not, then the pre-trial proper shall start.

-During the pre-trial, the issues of both the parties are determined and joined. The
modes of discovery are tools for the parties and the court to determine the issues.

-During pre-trial, the parties shall:

i)Mark respective evidence if not yet marked in the Judicial Affidavits
ii)Examine each other’s evidence

-Tools are used to examine and determine evidence. These are called the modes of
discovery:
i) Depositions pending action
-deposition means the taking of a testimony
-the person whose testimony is taken is called the deponent
-the deponents shall be compelled to attend the deposition by virtue of
a subpoena
-a deposition may be oral or through written interrogatories
ii) Depositions before action
-this is taken when the person wants to perpetuate his own testimony
or that of another person regarding any matter that may be cognizable
in any court of the PH
iii) Interrogatories to parties (mandatory)
-seeks the disclosure of all material and relevant facts from a party
-served directly upon the adverse party, as compared to written
interrogatories (delivered to an officer designated in the notice)
iv) Admission by adverse party
-to allow one party to request the adverse party to admit certain
material and relevant matters of the case (in writing)
v) Production or inspection of documents or things
vi) Physical and mental examination of persons
5) After the termination of the pre-trial, the court shall issue a Pre-trial Order within 10
calendar days therefrom.

6) After the issues are joined, trial shall commence.

-Trial means the judicial determination of the issues between the parties. The term
trial is oftentimes interchanged with the term hearing. The difference is that hearing
is broader than trial.
i)Trial – trial and presentation of evidence
ii)Hearing – throughout several stages in the proceedings; includes pre-trial
and determination of granting or denying a motion.

-The plaintiff shall present his evidence first before the defendant. The failure of the
plaintiff to appear during his scheduled presentation of evidence shall be a ground
for dismissal of the complaint.

-The reception of evidence shall be with the judge of the court where the case is
pending. But, it may be delegated when:
i)in default hearings;
ii)in ex-parte hearings
iii)when parties agree in writing

-The parties may still present evidence even after original presentation when they
want to introduce further evidence. This is called the “Re-opening of the case of a
party”.

-The issues to be tried are limited to those stated in the pre-trial order

-Cases may be consolidated. There are three kinds of consolidations:

i)actual consolidation
-when several actions are combined into one
-each action loses identity, they become one single action
ii)quasi consolidation
-one of several actions are stayed; parties shall wait until the one trial
has been adjudged.
-the decision of the one action is conclusive as to the others.
iii)consolidation for trial
-several actions are tried together but each one retains its identity

-Trial is not necessary at all times. A civil case may be adjudicated upon without the
need of a trial in the following cases:
i)Judgment on the pleadings – when there is/are no triable issue/s
ii)Summary Judgment – when there is no genuine issue that touches on the
matters of the case
iii)Amicable Settlement – when the parties agree to settle before trial
iv)Dismissal with prejudice
 v)Summary Procedure
v)Judgment on the facts agreed upon – when the parties agree, in writing,
about the facts

7) After the plaintiff is done with his presentation of evidence, the defendant may either
present his evidence or file a Demurrer to evidence.

-If the defendant feels that the plaintiff did not live up to his burden of proving his
right to a claim, then the Demurrer shall serve as a “motion to dismiss” the complaint.

-This remedy is filed when the defendant sees an absence or lack of a cause of action
of the plaintiff’s complaint.

-If the demurrer is granted, the case is dismissed. But if appealed and reversed, the
defendant loses his right to present his evidence.

-If the demurrer is denied, the defendant shall present his evidence. The remedy of
the defendant is to file a Petition for Certiorari under Rule 65.

-The order denying the Demurrer is an interlocutory order therefore, it is not

appealable. Interlocutory orders are not appealable because they are not based on a
right but on judicial discretion. Hence, the proper remedy is to file Rule 65 to answer
the error of jurisdiction. Further, when there is no immediate remedy available, the
extraordinary relief of rule 65 shall be sought.

-A demurrer in a civil case is filed even without a leave of court. Leave of court is not
required. If it is granted, it is appealable.

8) After both parties have rested their cases, the action shall now be submitted for
resolution / judgment.

-A judgment is defined as the court’s official and final consideration and

determination of the respective rights and obligations of the parties.

-The requisites of a valid judgment are:

i)authority of the court to hear and determine the case;
ii)jurisdiction of the court over the parties and the subject matter;
iii)parties must have given due process
iv)the court must have considered the evidence
v) judgment must be written personally and directly by the judge
vi) judgment must contain a clear statement of the agreed facts and the legal
basis of the decision

-The rules have provided remedies for adverse parties in a decision:

i)before the decision became final and executory
-Motion for reconsideration
 -Motion for new trial
-Appeal
The modes of appeal are:
a)Ordinary appeal
-questions of fact, mixed
-judgment from original jurisdiction of the court
b) Petition for Review (Rule 42) (to the Court of Appeals)
-questions of fact, questions of law, mixed
-judgment from appellate jurisdiction of the court
c)Appeal by certiorari (to the Supreme Court)
-purely questions of law
-judgment from original jurisdiction of the court

ii)After the decision became final and executory

-Petition for relief
-Petition for annulment of judgment
-Petition for Certiorari
-Collateral attack of judgment