05 February 2023

8 hours of allowed absences

25% - CS
5 % - other requirements
30 – Mid Term
40 -Finals

Civil Procedures – all pleadings for MID

Criminal – all pleadings for finals

Assignment

Framework for Civil Procedures

2019 amendments

RPC -

A. General Rules on Ordinary Civil Actions – Rules 2 – 5

B. Procedures in Trial Courts – Rules 6 – 39
C. Appeals – Rules 40 – 43
D. Procedures in the Courts of Appeals - Rule 44 – Rule 55
E. Procedures in the Supreme Courts – Rule 56
F. Provisional Remedies – Rule 57 - 61

Prepare the cause of action = to put into record

Filing Rule 13 Sec 2 -check the definition of

Pleading or other papers to the court

SECTION 2. Filing and [S]ervice, Defined. — Filing is the act of

submitting the pleading or other paper to the court.

Service is the act of providing a party with a copy of the pleading or

any other court submission

Requirements of a Pleading
- It must be complied
FULL and correct docket fees

Right of plaintiff after payment of docket fees

Section 3, Rule 17 = Available to Defendant

Rule 17 Section 1= no grounds mentioned , change of heart lang

“Notice of Dismisasl” =

Rule 17 Section 2= Motion of Dismissal == no grounds, mentioned , change of heart lang din

Rule 17 Section 3 = available to the defendant

= due to the fault of the plaintiff

Rule 11 Section 11
Pre-Trial

File Pre-trial brief

Evidentiary and ultimate fact
Initiatory pleading - indicates the allegations
If pleading is not verified = unsigned pleading
Facts

A plaintiff
B Defendant

A= Malate, Manila
B= Maginhawa , QC

Feb 2021, P2.2 Million = expansion of retail business

Secured : Contract of Loan

PN 123456 = Nov 8, 2021

Loan : 2.8 M, four installments

2% per annum

C: December 8, 2021, mag padala ka Demand Letter

= Memorandum = Demand Letter

DL : Mr. B.
= Mr. D liaison officer transmitted DL to MR. B, personally, received by letter B

You are given a 15 day to pay, upon receipt of the DL as well as interest of

Demand = No payment was made

Cause of Action : Non Payment of Debt

Case : Collection for Sum of Money

Venue : Manila or QC, at the option of the Plaintiff

Personal actions : Rights and Obligations

X------------------X = separator (no name called)

Quezon City for Manila

= lawwer is from Manila -- but to be filed in Manila

If no laywer = just indicate signed

Plus the required pleading == since this is initiatory pleading
As a competent proof of his/her identify
Acknowledgement

26 February 2023

Motion (Rule 15)

pleadings are written statements

Are Motions considered Pleadings? == NO

Oral Motion = not considered as a pleading, since not a written statement

Written Motion = can be considered as an Pleading since it is written

No. 6 and 7, no longer required in the 2019 rules

Hearing or Trial =

Hearing= calls upon the party to resolve upon an issue

Trial = presentation of the evidence by the party, in a proceeding

Movant = a [arty who files the motion (either the plaintiff or defendant)

Motion then ang reply == Comment Opposition

Kinds of Motion

Non-Litigious Motions =

Without prejudicing the rights of adverse parties = are no longer debatable

Non litigious motions = non debatable motions which the court no longer need to debate

Section 4 = not exclusive

 = since there is “other similar motions”

No concept ang Rules on Litigious Motions - but instead it only enumerated litigious motions

For Litigious and Non LIgitious = put Notice of Hearing

Ominubs Rule = exception iyong 4 na lack of jurisdiction Section 1 Rule 9

Bakit siya Litigious Motions ang Motion to Default the defendant = HE can no longer participate in the
Hearing -- it will prejudice the rights of the party
Notice of Hearing – Non- Litigious
Defendant = 30 days to file a responsive pleading

In all pleadings === after the complain t ===

First prayer always = *Court takes note of this Motion*

Remember No. 3 = Allow to present his evidence ex parte on a date most convenient to the
Court

Explanation = Reason for Explanation

1. Lack of Manpower
2. Geographical Location
Notice of Hearing for Non litigious Hearing

Comment Opposition
Comment / Opposition
Motion = Denied ang Motion

Dismiss =

Deney

Need Explanation if Not Personally Served

Assignment next meeting = Pre trial

05 March 2023

Pre-trial
Agenda = provide the Pretial
So that “No Element of Surprise”

Laying of One’s Card in the Table

Non compliance would result to the dismissal of the case

False : Mandatory, set for hearing after the filing of the last responsive pleading
Memorize
So that you can proceed with the Trial Stage

(Court Annexed Mediation)

Judicial Dispute Resolution

Memorize- not allowed for Court Annex Mediation
Memorize

4
Default purpose : to prove its existence and due execution of document
Purpose of Object Evidence : to prove of its existence

12 March 2023

Incidental Pleadings
Withdrawal of Appearance
Notice of Dismissal
 Explanation

Motion to Dismiss (Rule 17 SEtion 2)

Demand Letter
Forcible Entry and Unlawful Detainer

To pay ___ with interest + vacate the property

SPA (Section 2 Rule 18)

Demand Letter dulo is

Plus Acknowledgement
26 March 2023

2023 Bar Exam

Contract =
Affidavit of Loss
4. Affiant has nothing more to say
Special Power of Attorney
Demand Letter
Forcible Entry =must be demand to vacate and pay

Deed of Absolute Sale

Waiver and Quit Claim
Quit is like Affidavit = Hence JURAT

VERIFICATION and CERTIFCATION

JURAT and AKNO
 Judicial Affidavit - Attestation of the Lawyer (May Jurat since Attestation of the Lawyer)

Motions
 MIDTERMS EXAM

indicate on the upper left portion of your answer sheet your Student Number and Class Schedule. For
purposes of uploading your answer in your respective class google drive, your file name should follow
the following format: <First letter of your first name, middle initial and first letter of your
surname><Student Number>.

Example: RMB2022001

21 May 2023

TAga usig
Inuusig

Complainant = principal witness

Section 5 Rule 110 - public prosecutor

Private prsecturo / lawyer = only when there is civil liability against the accused
Accused = default lawyer PAO

Private = Private Defense Counsel

Difference in the appearance on their pleading

Arraingment and pre-trail should be made on the same day – Continuous Trial

Motion
If litigious
Conformity of the public prosecutor

Private prosecutor, by the authority / under the direction of of the Public Prosecutor

If private prosecutior -== always

With my conformity

Signed
Public Prosecutor

Sample with Public Prosecutor

Motion by Lawyer – Accused
Formal Offer4
DEFEnse
Comment/ Opposition if mag submit ng formal offer
Order or Resolution on Formal Offer

Tender of Excluded of Evidence ==

Motion for Reconsideration = if excluded and evidence

Tender ng 1997 Rules = Ibibigay mo lang sa knya

Tender of excluded Evidence