OUTLINE FOR DISCUSSION ON CIVIL PROCEDURE (REM 1, FIRST

PART)
CIVIL ACTIONS
Preliminary
Definition of Complaint
Requirements
Verification
Certificate Against Forum-Shopping
Nature
MCLE Compliance
Filing of Complaint
Manner
Payment of Docket and other Lawful Fees
WHEN JURISDICTION OVER PARTIES IS ACQUIRED
Modes of Service of Summons
Personal Service
Substituted Service
Service on Domestic Private Juridical Entity
Service on Foreign Private Juridical Entity
Constructive Service (By Publication)
Extraterritorial Service, When Leave of Court
maybe granted
Effect of Lack of Summons
INCIDENTS AFTER COURT HAS ACQUIRED JURISDICTION
OVER THE PARTIES
Preliminary
Plaintiff
Notice of Dismissal of the complaint under Rule 17, Sec. 1
Amended Complaint under Rule 10, Sec. 2
Motion for Leave of court to file a Supplemental Complaint
under Rule 10,
Sec. 6

Motion for leave of Court to take Deposition upon Oral

Examination or
Written Interrogatories of any person,
whether a party or not under Rule 23, Sec. 1.
Motion for Leave of Court to Serve Written
Interrogatories upon Defendant under Rule 25, Sec. 1
Motion for Production or Inspection of Documents or Things, Rule
27, Sec. 1
Motion to Declare Defendant in Default under Rule 9, Sec. 3
Defendant
Motion to Set Aside Order of Default under Rule 9, Sec. 3
Motion for Extension of Time to File Responsive
Pleading under Rule 11, Sec. 11
Motion for Bill of Particulars under Rule 17, Sec. 1
Jurisprudence on specific Incidents
Notice of dismissal of complaint
Amended Complaint
Supplemental Complaint
Deposition Rule23
Written Interrogatories Upon Defendant, Rule 25, Sec. 1
Request for Admission
Production or Inspection of Document or Things, Rule 27, Sec. 1
Physical and Mental Examination of a Party, Rule 28, Sec. 1
Consequences of Refusal, Rule 29
Default, Rule 9, Sec. 3
Jurisprudence on Default
Effect of Order of Default
Summary of Remedies after Default
Actions where Default not Allowed
Extension of Time to File Responsive Pleading Rule 11
Bill of Particulars Rule 12, Sec. 1
Motion to Dismiss
Grounds Rule 16, Sec. 1
Discussion of Individual Grounds
Venue improperly laid

Plaintiff has No Legal Capacity to Sue

Litis Pendencia
Res judicata
Statute of Limitations
No Cause of Action
Non-compliance with Condition Precedent
Non-compliance with Statute of Frauds
Jurisprudence
Resolution of the Motion to Dismiss
Pleading Grounds as Affirmative Defenses
JOINDER OF ISSUES
Filing of Answer
Time to plead
Answer to Complaint and Third-Party, Fourth-Party, etc.
complaints.
Answer of a Defendant Foreign Private Juridical Entity
Answer to Amended Complaint, Amended Counterclaim, Amended
Cross-claim and Amended Third Party, Fourth Party complaint
Answer to Counterclaim or Cross Claim
Answer to Supplemental Complaint
Answer to Complaint-in-Intervention
Strict Observance of Periods
Effect of Failure to Plead, Rule 9
General Rule-Deemed Waived
Exceptions
Counterclaim
Definition
Kinds
Compulsory
Permissive
Difference Between Permissive and Compulsory Counterclaim
Jurisprudence
PRE-TRIAL
Concept and Purpose of Pre-Trial
Concept of Pre-Trial
Purpose of Pre-Trial

Court-Annexed Mediation, JDR

Pre-Trial Order
Exceptions
TRIAL
Administrative Circular No. 3-99 January 15, 1999
Jurisprudence
JUDGMENT Rule 36
Concept and Requirements
Kinds of Judgment and Definitions
Without testimonial evidence
Judgment on the pleadings
Summary Judgment
With Partial Reception of Evidence
Judgment by Default
Judgment on Demurrer to Evidence
With Reception of Evidence
Memorandum Decision
Special Judgment
REMEDIES AGAINST JUDGMENTS AND FINAL ORDERS
Kinds of remedies
Before Finality
Motion for Reconsideration
Motion for New Trial
Appeal
After finality
Relief from Judgment or Final Order
Petition for Certiorari
Annulment of Judgment
Motion for Reconsideration and New Trial
Common Rules

Motion for Reconsideration

Grounds
Requirements
No party shall be allowed a second motion for
reconsideration
Motion for New Trial
Appeal
General Principles
Modes of Appeal
Jurisprudence
General Rule and Exceptions
Difference between Question of Fact and Question of Law
JURISDICTIONS
Notice of Appeal
Record on Appeal
Perfection of Appeal
Effect of Perfection of Appeal
Enforcement of Period of Time to Appeal
EXECUTION OF JUDGMENTS AND FINAL ORDERS, Rule 39
Basic Concepts-Definition
Execution is a Legal Remedy for the Enforcement of a Judgment
Kinds of Execution
Discretionary
Ministerial, or as of Right
When Writ of Execution may be Quashed
Other Grounds to Quash Writ of Execution
Execution of Final Judgments and Orders
Jurisprudence on Execution
Levy and Garnishment-Definitions
Rules on Redemption
Who may redeem
Amounts to be Paid in case of Redemption
Jurisprudence on Writs of Possession