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Filing of the complaint court acquires

jurisdiction over the plaintiff.

Lack of jurisdiction over the subject


matter of the action

Service of summons upon defendant


enables court to acquire jurisdiction
over his person (action in personam)

litis pendencia

Service of summons is not always


required to enable the court to acquire
the requisite jurisdiction over the
person of the defendant in certain
actions. Service of summons may be
dispensed with if the defendant makes
a voluntary appearance.

prescription

Defendants voluntary appearance in


action shall be equivalent to service of
summons.

When the defendant is declared in


default, the defendant loses his
standing in court and the court may
proceed to render judgment granting
the plaintiff the relief as his complaint
may warrant, unless in its discretion,
the court requires the plaintiff to
submit evidence on his claim.

Motion for bill of particulars if


after reading the complaint, the
defendant finds that, because of the
ambiguity
in
certain
material
allegations of the complaint, he cannot
possibly file an intelligent answer, he
need not serve his answer unless and
until the alleged ambiguities are
clarified by the plaintiff. (Upon order
of the court.)
Motion to dismiss
Unless the case is covered by the
Rules on Summary Procedure, the
court will and ought to refrain from
dismissing a complaint on the ground
of improper venue even if the venue is
blatantly defective.

Grounds for dismissal which the


court will recognize on its own
motion: (motu proprio)

res judicata

Answer
Failure if the defendant to file an
answer will entitle the plaintiff to file a
motion to declare the defendant in
default.

Note: The courts declaration of


default should be preceded by a
motion to declare said party in
default together with proof of such
failure.
A party declared in default may, at
any time after notice thereof and
before judgment, file a motion under
oath to set aside the order of default.
The motion must show that his failure
to answer was due to fraud, accident,
mistake, or excusable negligence, and
that he has a meritorious defense.
Note: No default order in action for
annulment of marriage, action for
declaration of nullity of marriage or
action for legal separation even if
defendant fails to answer.

The answer to the complaint must


specifically
deny
the
material
averments of the complaint because
material averments not specifically
denied are deemed admitted.

A permissive counterclaim does not


have to be raised in the same
proceedings because by its nature, it
could be invoked as an independent
action.

If answer admits material averments


of the complaint, the answer is
deemed to have failed to tender an
issue. since there is no triable issues,
a trial is completely unnecessary. The
plaintiff may then file a motion for a
judgment on the pleadings.

Cross-claim a pleading containing


the claim by one party against a coparty.

Judgment on the Pleadings rendered because, as disclosed by the


pleadings, there is no issue in the case
either because the answer fails to
tender an issue or because it admits
the material allegations of the
complaint.
Summary Judgment - based not only
on the pleadings of the parties but
also on their affidavits, depositions, or
admissions. The basis of a summary
judgment is not the absence of an
issue but the absence of a genuine
issue on the case.
Where there is an issue in the case but
the issue does not concern any
material fact, as when the issue is
merely the amount of damages, there
is no genuine issue, and a summary
judgment would be proper.

Counterclaim - a pleading which sets


forth a claim which a defending party
may have against an opposing party. A
counterclaim
is
always
directed
against an opposing party. (Either
compulsory or permissive)

Third-party
complaint

the
defendant may bring in the third
person into the suit and implead him
as a party.
Reply Plaintiff respond to the
answer. This response is done through
a pleading.
A reply, unlike the answer, is not a
compulsory pleading. While the failure
to file an answer may lead to a
declaration of default, the failure to
file a reply does not have the same
consequence.
The failure to file a reply will not
likewise
result
in
the
implied
admission of the material allegations
in the answer because allegations of
new matters in the answer even if not
replied to, are deemed controverted or
denied.
Intervention if at any time before
judgment, a person not a party to the
action believes that he has a legal
interest in the matter in litigation in a
case in which he is not a party, he
may, with leave of court, file a
complaint-in-intervention in the action
if he asserts a claim against one or all
of the parties.
Answer-in-intervention if a party
unites with the defending party in

resisting a claim against said party, he


may file an answer-in-intervention.

Pre-trial
A pre-trial is mandatory and failure to
appear by either party will result in
adverse consequences for the absent
party.
Discovery procedures During pretrial stage and generally at any time
even before pre-trail, the parties may
obtain information from each other
through the employment of devices.
(depositions, interrogatories to parties,
request for admission, production and
inspection of documents, and physical
and mental examinations of persons.)

Trial
Parties present their evidence on their
claims and defenses.
If defendant believes that upon the
facts and the law, the plaintiff is not
entitled to relief, he may, instead of
presenting his own evidence, move for
the dismissal of the case. He does so
by way of a demurrer to evidence.
If demurrer is granted but on appeal
the order of dismissal is reversed, the
defendant is deemed to have waived
his right to present evidence.
A trial is not an indispensable stage of
a civil action.

Judgment

A judgment is rendered after the


submission of the evidence of the
parties has been concluded. It is the
decision of the court and represents
its official determination of the
respective rights and obligations of
the parties to the case.
No oral judgment. It has to be written,
personally and directly prepared by
the judge, stating clearly the facts and
the law on which it is based, signed by
him, and filed with the clerk of court.
Date of entry of the judgment date
of finality of the judgment

Post judgment remedies


(a) Remedies before the judgment
becomes final and executory
Motion for Reconsideration
Motion for New Trial
Appeal
(b) remedies after the judgment
becomes final and executor
(extraordinary remedies)
A petition for relief
An action to annul the
judgment
Certiorari

Attack
the
judgment
collaterally when the nullity of
the judgment is plain and
evident on its face.
Execution and
of judgments

Satisfaction

Remedy afforded by procedural


rules for the enforcement of the
judgment. It is the fruit as well
as the end of the action.

JURISDICTION AND VENUE


Jurisdiction the authority of
the court to hear, try and decide
a case.
It is also considered as the
authority of the court to execute
the decisions rendered by the
court.

Jurisdiction is not the power


of the judge
Jurisdiction does not attach to
the judge but to the court.
Hence, the continuity of a court
and
the
efficacy
of
its
proceedings are not affected by
the
death,
resignation,
or
cessation from the services of
the judge presiding over it.
Test of Jurisdiction
Whether the court has the
power to enter into the
inquiry and not whether the
decision is right or wrong.