CASE FLOW IN CIVIL CASES UNDER THE RULES OF COURT

1. Generally, the starting point of a civil complaint is the filing of

the Complaint or Petition in court.

Before the filing of the Complaint or Petition in court, is there anything that
the plaintiff or petitioner can do with respect to his/her intended action?

Yes. You can avail of depositions before action under Rule 24. A person
who desires to perpetuate his own testimony or that of another person
regarding any matter that may be cognizable in any court in the Philippines,
may file a verified petition in the court of the place of the residence of any
expected adverse party. [R24, S1]. Such person expects to be a party to an
action in a court of the Philippines but is presently unable to bring it or
cause it to be brought. [R24, S2 (a)]

2. Filing of the complaint or petition –

(a) Things to be considered:

(i) Do I have a cause of action? [R2]

-- Rule against splitting a single cause of action

[R2, S4]

-- Rule on joinder of causes of action [R2, S5]

(ii) If I have a cause of action, who should I sue? [R3]

-- If natural persons

(1) representative as party [R3, S3]

(2) spouses as party [R3, S4]
(3) minor or incompetent [R3, S5]
(4) class suit [R3, S12]
(5) alternative defendants [R3, S13]
(6) unknowns identity or name of defendant
[R3, S14]
(7) indigent party [R3, S21]

-- If juridical person

(1) organized as an entity with juridical

personality [R3, S1]
(2) not organized as an entity with juridical
personality [R3, S15]
(3) governmental instrumentality [R3, S22]

-- Rules on parties to civil action

 (1) permissive joinder of parties [R3, S6]
(2) misjoinder and non-joinder of parties [R,
S11]
(3) compulsory joinder of indispensable
parties [R3, S7]
(4) necessary party [R3, S8 and S9]
(5) unwilling plaintiff [R3, S10]

-- After the filing of the suit

(1) death of party [R3, S16; R3, S20 (action

on contractual money claims]
(2) death or separation of a party who is a
public officer [R3, S17]
(3) incompetency or incapacity [R3, S18]
(4) transfer of interest [R3, S19]

(iii) Before what court should I file the complaint or

petition? [BP 129, as amended, on Jurisdiction;
Appendix E]

(iv) What is the proper venue? [R4]

-- real action [R4, S1]

-- personal action [R4, S2; R4, S3]

-- based on stipulation of the parties [R4, S4]

(v) Determining under what Rule of Procedure the

action shall be filed?

-- uniform procedure in trial courts [R5]

-- RRSP [Appendix F]

-- SCC [Appendix T]

(vi) When should it be filed?

-- Generally, no period subject however to the

Civil Code provisions on Prescription of
Actions [Art. 1139, etc.] and other
provisions on prescription

-- Original actions with prescriptive periods.

Certiorari, prohibition, and mandamus
[R65, S4: 60 days from notice of

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judgment, order or resolution; in case of
MR or MNT is timely filed, not later than 60
days counted from the notice of the denial of
the motion]

-- Unlawful detainer/Forcible Entry [R70]

(b) Preparing the complaint or petition –

(i) The kind of pleading [R6]

(ii) The parts and contents of the pleading [R7]

a) Judicial Affidavit Rule [A.M. No. 12-8-8-SC;

Appendix U]

Note, the JAR is applicable to all civil actions, special proceedings, and
incidents requiring the reception of evidence before (a) the MeTCs, MTCs,
MTCs in Cities, MCTCs, and the Shari’a Circuit Courts but shall not apply
to small claims cases; (b) the RTCs and the Shari’a District Courts; and (c)
the SBN, the CTA, the CA, and the Shari’a Appellate Courts. In criminal
case, it applies (a) where the maximum of the imposable penalty does not
exceed 6 years; (b) where the accused agrees to the use of JAs,
irrespective of the penalty involved; or (c) with respect to the civil aspect of
the actions, whatever the penalties involved are.

Under S2 of the JAR, the parties shall file with the court and serve on the
adverse party, personally or by licensed courier service, not later than 5
days before pre-trial or preliminary conference or the scheduled hearing
with respect to motions and incidents. This should be deemed amended by
the 2019 Amendments which under R7, S6, now requires the plaintiff to
attach the JAs of his witnesses to the complaint. The defendant should
similarly attach the JAs of his witnesses to his Answer.

(iii) The manner of making allegations in the pleading

[R8]

3. Generally, the court acquires jurisdiction over the case upon the
filing thereof and the payment of the correct docket fees. On the other
hand, the court acquires jurisdiction over the person of the defendant upon
the service on him of the summons or by way of voluntary appearance.

Before the service of summons on the defendant, are there things that the
plaintiff can do with respect to the action that he has filed?

(a) Amend the complaint or petition as a matter of right [R10].

The plaintiff or petitioner may amend his pleading once as
a matter of right at any time before a responsive pleading
is served.

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 (b) Dismissal upon notice by plaintiff [R17, S1]. A complaint
may be dismissed by the plaintiff by filing a notice of
dismissal at any time before service of the answer
or of a motion for summary judgment.

(c) Apply for a writ of preliminary attachment [R57]. At the

commencement of the action, a plaintiff or any
proper party may have the property of the adverse
party attached as security for the satisfaction of any judgment
that may be recovered in the cases enumerated under
the Rule.

(d) Apply for a writ of preliminary injunction [R58)]. At any

stage of an action or proceeding prior to the
judgment or final order, the plaintiff or petitioner may
apply for a writ of preliminary injunction to order the
adverse party to refrain from a particular act or acts.

-- Rule on contemporaneous service of summons with

the writ [R57, S5; R58, S4 (c)]

(e) Apply for a writ of replevin [R60]. At the commencement

of the action or at any time before answer, a party
praying for the recovery of possession of personal property
may apply for an order for the delivery of such property
to him.

(f) Apply for support pendente lite [R61]. At the

commencement of the proper action or proceeding,
a verified application for support pendente lite may be
filed by any party stating the grounds for the claim and
the financial conditions of both parties, accompanied by
affidavits, depositions or other authentic documents
in support thereof.

4. Service of summon [R14]

(a) What can the plaintiff do at this stage?

(i) He/she can file an ex parte motion for an

authorization for him/her to serve summons to
the defendant [R14, S2 (b)]

(ii) He/she can file a motion for the issuance of an alias

summons [R14, S4 in relation to R15, S4 (a)]

(iii) He/she can file a motion for leave of court that

summons be effected on the defendant by

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 publication under the following
circumstances –

a) Service upon defendant whose identify or

whereabouts are unknown [R14, S16]
within 90 calendar days from the
commencement of the action

b) Residents temporarily out of the Philippines

[R14, S18]

c) Extraterritorial service [R14, S17] when the

defendant does not reside and is not
found in the Philippines and the action
affects the personal status of the plaintiff or
relates to, or the subject of which is,
property within the Philippines, in which
the defendant has or claims a lien or
interest, actual or contingent, or in which
the relief demanded consists, wholly or in
part, in excluding the defendant from any
interest therein, or the property of the
defendant has been attached within the
Philippines

(iv) Generally, he/she can do the same things under no.

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(v) Take the deposition of any person, whether a party

or not upon oral examination or written
interrogatories [R23]

(vi) Serve written interrogatories on any party to elicit

material and relevant facts

Note, under the old rules, these modes of discovery may be availed of “by
leave of court after jurisdiction has been obtained over any defendant or
over property which is the subject of the action, or without such leave of
court after an answer has been served.” Under the 2019 amendments,
these modes of discovery may be availed of “upon ex parte motion of a
party.” The 2019 amendments apparently did away the need to file leave of
court before an answer has been served and one can now avail of the
modes of discovery under R23 and R25 at any time after jurisdiction has
been obtained over any defendant or over property which is the subject of
the action.

(b) After the service of summons on the defendant, what can

the plaintiff or petitioner do at this stage? The same
as no. 3 in the above.

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 5. On the part of the defendant, what can he do after the service
of summons on him/her?

(a) He/she can file a special appearance on behalf of the

defendant to, among others, question the validity of
the service of summons [R14, S13]. The court shall
however deputize the counsel to serve summons on his
or her client.

(b) He/she can file an Answer within 30 calendar days from

service of the summon

(i) When? R11, S1

-- Computation of time [R22]

(ii) The answer is a pleading in which a defending party

sets forth his or her defenses [R6, S4]. The
affirmative defenses are those enumerated
under R6, S5 (a), (b), and 2nd par. and R8,
S12.

(iii) The answer may contain (a) a compulsory

counterclaim[R6, S7]; (b) a permissive
counterclaim; (c) a cross-claim [R6, S8]

(iv)
In case the complaint is based on an actionable
document, the defendant may deny under
oath the genuineness and due execution of the
instrument and sets forth what he or she claims to
be the facts; otherwise, he/she shall be
deemed to have admitted the genuineness and due
execution of the instrument [R8, S8]

(c) He/she can file a motion for extension of time to file an

answer [R11, S11]. For meritorious grounds, a
defendant may be granted an additional period of not
more than 30 calendar days to file an answer.

(d) He/she can file a motion for a definite statement or for a

bill of particulars before filing the answer [R12, S1]

(e) He/she can file a motion to dismiss on any of 4 grounds

enumerated under R15, S12 (a)

(g) He/she can file a motion for summary judgment [R35, S2:
… at any time, move with supporting affidavits,

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 depositions or admissions for a summary
judgment…]

6. Action taken by the court on the affirmative defenses raised in

the Answer depends on what are grounds –

(a) If based on R6, S5 (b), 1st par. or affirmative defenses

such as fraud, statute of limitations, release,
payment, illegality, statute of frauds, estoppel, former
recovery, discharge in bankruptcy and any other matter
by way of confession and avoidance –

(i) The court may conduct a summary hearing within

15 calendar days from the filing of the answer.

(ii) Court shall then resolve these affirmative defenses

within 30 calendar days from the termination
of the summary hearing. [R8, S12 (d)]

(b) If based on R6, S5 (b), 2nd par. or (1) the court has no
jurisdiction over the subject matter; (2) that there is
another action pending between the same
parties for the same cause; (3) that the action is barred
by a prior judgment; or R8, S12 (a) (1) (2) (3) (4)
and (5), or (4) that the court has no jurisdiction over
the person of the defending party; (5) venue is
improperly laid; (6) that the plaintiff has no legal capacity
to sue; (7) that the pleading asserting the claim states no
cause of action; and (8) that a condition precedent for
filing a claim has not been complied with –

(i) the court shall motu proprio resolve these

affirmative defenses within 30 calendar days
from the filing of the answer.

(c)If the affirmative defenses are denied, the order of denial

shall not be the subject of a motion for
reconsideration or petition for certiorari, prohibition or
mandamus but may be among the matters to be raised on
appeal after a judgment on the merits.

Note, the former Rule 16 enumerated 10 grounds and these grounds have
been transposed to R6, S5 (b), 1st and 2nd par. and R8, S12 (a).

7. After the answer has been filed, what can the plaintiff do?

(a) He/she can amend his/her complaint but this has to be

done with leave of court [R10, S3]. The procedure is
provided in R10, S7 and R15, S10. Leave of court

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shall be refused (i) if it appears to the court that the
motion was made with intent to delay; (ii) or confer
jurisdiction on the court, (iii) or the pleading stated no
cause of action from the beginning which could be
amended.

(b) He/she can file a Reply if the defendant attaches an

actionable document to his/her answer [R6, S10]

(c) He/she can file a motion to dismiss his/her complaint

[R17, S2]. A complaint shall not be dismissed at the
plaintiff’s instance save upon approval of the
court and upon such terms and conditions as the court
deems proper.

(d) He/she can file a motion for judgment on the pleadings if

the answer fails to tender an issue or otherwise
admits the material allegations of the adverse party’s
pleadings [R34, S1]

(e) He/she can file a motion for summary judgment if there

are no genuine issue as to any material fact
requiring a trial [R35, S1 in relation to S3]

(f) He/she can still apply for provisional remedies, i.e.,

attachment [R57: … at any time before entry of
judgment], injunction [R58: … at any stage of
an action or proceeding prior to the judgment or final
order], receivership [R59], or support [R61: …
at any time prior to the judgment or final order] except for a
writ of replevin [R60: “… at any time before answer”]

8. How about the defendant, what can he do after filing his/her

answer to the complaint?

(a) He/she can file a motion for leave to file a third (fourth,
etc.)-party complaint [R6, S11 in relation to R15,
S10]

(i) In case the motion is granted and the third (fourth,

etc.)-party complaint is admitted, the third
(fourth, etc.)-party plaintiff can do the same
things enumerated under nos. 3 and 4.

(ii) However, the third (fourth, etc.)-party complaint

shall be denied admission where (a) the third
(fourth, etc.)-party defendant cannot be
located within 30 calendar days from the grant
of such leave; (b) matters extraneous to the

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issue in the principal case are raised; or (c) the
effect would be introduce a new and separate
controversy into the action [R6, S11 2nd par.]

(b) He/she can file a motion for summary judgment if there

are no genuine issue as to any material fact
requiring a trial [R35, S2 in relation to S3]

(c) In case of misjoined causes of action, the defendant can

move that the misjoined cause of action be severed
and proceeded with separately [R2, S6]. This can be
done on the initiative of the court.

(d) In case of misjoined parties, the claim against a misjoined

party may move to sever the claim against him and be
proceeded with separately. [R3, S11] The misjoined
party may move that he be dropped from the action. This
can be done also on the initiative of the court.

(e) He/she can apply for provisional remedies, i.e.,

attachment [R57: … or any proper party…],
injunction [R58], receivership [R59], or support [R61: …
by any party …]

9. In case no answer was filed within the time allowed therefor,

what can the plaintiff do?

(a) He/she can move that the defendant be declared in

default [R9, S3, 1st par.]. There must be notice to
the defending party and proof of such failure.

(i)
At any time after notice that he/she has been
declared in default and before judgment, the
defendant may file a motion under oath
to set aside the order of default upon proper
showing that his/her failure to answer was
due to FAME and that he/she has a meritorious
defense. [R9, S3 (b)]

10. Before the pre-trial conference. The pre-trial shall be set not
later than 60 calendar days from the filing of the last responsive pleading.
During this stage, the parties may do the following –

(a) Avail of the modes of discovery

(i) Depositions pending action [R23]. Upon ex parte

motion of a party, the testimony of any person,
whether a party or not, may be taken by

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deposition upon oral examination or written
interrogatories [R23, S1 and S25]

(ii) Interrogatories to parties [R25]

(iii) Admission by adverse party [R26]

(iv) Production or inspection of documents or things

[R27]

(v) Physical and mental examination of persons [R28]

(b) File his/her pre-trial brief [R18, S6] with the court and
serve on the adverse party in such manner as shall
ensure their receipt thereof at least 3 calendar
days before the date of the pre-trial

11. Pre-trial conference: what should we expect?

(a) The notice of pre-trial shall include the dates of (i) the pre-
trial; (ii) the Court-Annexed Mediation; and, (iii) the
Judicial Dispute Resolution, if necessary.
[R18, S3]

(b) Preliminary conference before the Clerk of Court for

purposes of (i) marking of respective evidence if not
yet marked in the JAs of their witnesses; (ii) examine
and make comparisons of the adverse parties’ evidence
vis-à- vis the copies to be marked; (iii) manifest for the
record stipulations regarding the faithfulness of the
reproductions and the genuineness and due execution of the
adverse parties’ evidence; and, (iv) reserve evidence
not available at the pre-trial provided that: for testimonial
evidence, the name or position and the nature of the
testimony of the proposed witness is given; for
documentary evidence and other object evidence, the
particular description of the evidence is given. [R18, S2]

(c) Parties and counsel must appear at the pre-trial, the CAM
and JDR and may be excused only for acts of God, force
majeure, or duly substantiated physical inability.
[R18, S4]

(i) In case of failure of plaintiff and counsel to appear

despite due notice, the action may be
dismissed. [R18, S5]

(ii) In case of failure of the defendant and counsel to

appear despite due notice, the plaintiff may be

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 allowed to present his/her evidence ex parte
within 10 calendar days from termination of the
pre-trial and the court to render judgment on the
basis of the evidence offered. [R18, S5]

(d)
Court to issue pre-trial order which shall include the
matters taken up in detail [R18, S7] including the
specific trial dates for continuous trial, the case
flowchart, and a statement that the court shall render
judgment on the pleading or summary judgment should
there be no more controverted facts, or no more
genuine issue as to any material fact, or an absence
of any issue, or should the answer fail to tender an
issue. [R18, S7 in relation to S10]

12. Trial proper [R30]

(a) Deviation from the procedure under R30 –

(i) Trial by commissioner under R32 in relation to R18,

S2 (e) the advisability of a preliminary
reference of issues to a commissioner

(b) The initial presentation of plaintiff’s evidence shall be set

not later than 30 calendar days after the termination
of the pre-trial conference. Plaintiff shall be allowed to
present its evidence within a period of 3 months or 90
calendar days which shall include the date of the JDR,
if necessary. [R30, S1 (a) (i)]

(i) Demurrer to evidence [R33, S1]. After the plaintiff

has completed the presentation of his/her
evidence, the defendant may move for dismissal on the
ground that upon the facts and the law
the plaintiff has shown no right to relief.

(ii) If motion is denied, defendant shall have the right to

present evidence. The order denying the demurrer
to evidence shall not be subject of an appeal
or petition for certiorari, prohibition or mandamus
before judgment. [R33, S2]

(iii) If granted, court shall render judgment dismissing

the complaint. However, if on appeal by the
plaintiff the order of dismissal is reversed, the
defendant shall be deemed to have waived the
right to present evidence. [R33, S1]

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 (c)
The initial presentation of defendant’s evidence shall be
set not later than 30 calendar days after the court’s
ruling on plaintiff’s formal offer of evidence. The
defendant shall be allowed to present its evidence within
a period of 3 months or 90 calendar days.

(d) The period for the presentation of evidence of the third

(fourth, etc.)-party claim, counterclaim, or cross-
claim shall be determined by the court, to total of
which shall in no case exceed 90 calendar days.

(f) If deemed necessary, the court shall set the presentation

of the parties’ respective rebuttal evidence, which
shall be completed within a period of 30 calendar days.

13. Motions

(a) Kinds of motions

(i) Non-litigious

-- motion for the issuance of an alias summons

[R15, S4 (a)]

-- motion for extension to file answer [R15, S4

(b)]

-- motion for postponement [R15, S4 (c), in

relation to R15, S12 (f): except if it is
based on acts of God, force majeure or physical
inability of the witness to appear and testify

(ii) Litigious motions

-- motion for bill of particulars [R15, S5 (a) (1) in

relation to R12]

-- motion to dismiss [R15, S5 (a) (2) in relation

to R15, S12 (a)]

-- motion to amend after a responsive pleading

has been filed [R15, S5 (a) (6) in
relation to R10, S3]

-- motion for intervention [R15, S5 (a) (9) in

relation to R19]

-- motion for judgment on the pleadings [R15,

S5 (a) (10) in relation to R34]

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 -- motion for summary judgment [R15, S5 (a)
(11) in relation to R35]

-- demurrer to evidence [R15, S5 (a) (12) in

relation to R33]

-- motion to declare defendant in default [R15,

S5 (a) (13) in relation to R9, S3, 1st par.]

(iii) Prohibited motions

-- generally, motion to dismiss except on the 3

grounds provided in R15, S12 (a)]

-- motion to hear affirmative defenses [R15, S12

(b)]

-- motion for reconsideration of the court’s action

on the affirmative defenses [R15, S12 (c) in
relation to R8, S12 (e)]

-- motion for extension of time to file pleadings,

affidavits or any other papers, except a
motion for extension to file an answer as
provided by R11, S11 [R15, S12 (f0]

-- motion for postponement intended to delay

except if it is based on acts of God,
force majeure or physical inability of the
witness to appear and testify

(b) Action on the motion

(i) Proof of service.

-- No written motion shall be acted upon by the

court without proof of service thereof
[R15, S7 in relation to R15, S5 (b)].

-- If litigious, necessary under R15, S5 (b). If

non-litigious, still necessary under R15,
S7 but not fatal since court may act on it
without prejudicing the rights of adverse
parties [R15, S4, 1st par.]

(ii) Hearing.

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 -- If non-litigious, motion shall not be set for
hearing [R15, S4, 2nd par.]

-- If litigious, court may, in the exercise of its

discretion, and if deemed necessary for
its resolution, call a hearing on the motion
[R15, S6]

(iii) Comment/objection.

-- In non-litigious motion, no requirement for

adverse party to file comment/objection

-- If litigious, opposing party shall file his/her

opposition to the motion within 5
calendar days from receipt thereof [R15, S5
(c)]

(iv) Period for court to resolve

-- If non-litigious, motion shall be resolved by the

court within 5 calendar days from receipt
thereof [R15, S4 2nd par.]

-- If litigious, motion shall be resolved by the

court within 15 calendar days from
receipt of the opposition thereto, or upon
expiration of the period to file such
opposition [R15, S5 (c), 2nd par.]

14. Judgment – the court shall decide and serve copies of its
decision to the parties within a period of not exceeding 90 calendar days
from the submission of the case for resolution, with or without
memorandum. [R18, S1 (c) in relation to R36, S1]

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