Professional Documents
Culture Documents
(Rule 2)
COMPLAINT - Determines the venue (Rule 4); it is exclusive and includes the
parties (Rule 3), docket fees and interrupts the prescription period
SUMMONS - In the US = filed by the plaintiff, in the PHIL = filed by the Branch
(Rule 14) Clerk of Court; in the US = served by anyone, in the PHIL = served by
the sheriff ; MTD is discouraged
COMPLAINT contains:
a) Docket fees
b) Verification
c) Certificate against non-forum shopping
d) Provisional remedies
e) Raffle of cases
f) Venue (Rule 4)
g) Jurisdiction
h) Parties (Rule 3)
If SERVED
a) Notice of Dismissal
b) Motion to Withdraw
c) Amendment /Supplemental Complaint
d) Motion to Declare Defendant in Default
e) Motion to Archive
Defendant files an ANSWER
a) Counterclaim (permissive/compulsory)
b) Crossclaim
c) Intervention
• Defenses (affirmative/negative)
• When to file responsive pleadings
• Amended and supplementary answer
1) Opposition to various motions
2) Amended or supplementary pleading (Rule 10)
3) Discovery procedures
a) Mediation Conference
b) Pre-marking of Exhibits
c) Preliminary Conference
d) Pre-trial Brief
e) Pre-trial Order
f) Discovery Procedure (Rule 23-29)
g) Judicial Dispute Resolution (JDR)
If REACHED = a compromise agreement shall be signed and submitted to the court by the parties
If NOT REACHED = mediation conference is terminated and case will be referred back to the court for
continuation of proceedings
Plaintiff’s Evidence-in-Chief
• Documentary
• Testimonial
Formal Offer of Exhibits = after the plaintiff is finished presenting his evidence-in-chief
1) Defendant presents his evidence-in-chief : wherein Defendant files his offer of exhibits
2) Defendant files a DEMURRER TO EVIDENCE (Rule 33)
a) If GRANTED = case is dismissed
b) If DENIED = defendant presents evidence
c) If GRANTED but ON APPEAL = order of dismissal is reversed, defendant is deemed to have
waived his right to present evidence
3rd/4th (etc) party Defendant and Plaintiff presents rebuttal and sur-rebuttal evidence
Court may direct the parties to file their respective memorandum
a) Contents of judgment
b) Entry of judgment
Before Finality
After Finality
EXECUTION
a) Writ of Execution
b) Satisfaction of Judgment