COLLECTION CASE

In most cases, the civil action is already included in the

criminal action, but generally the offended party may make the
reservation to file a separate civil action, provided he does not
receive damages twice for the same cause. Upon the filing of a
criminal action, there is impliedly filed also a civil action, unless
the offended party expressly reserves his right to institute a
separate civil action.
In addition to this, civil action may also be taken against
individuals or entities who have not necessarily committed a
crime but whose actions or negligence may have violated
another person’s rights, or caused harm to another person or
the person’s property. As provided in Article 1161 of the Civil
Code “Civil obligations arising from criminal offenses shall be
governed by the penal laws, subject to the provisions of Article
2178, and of the pertinent provisions of Chapter 2, Preliminary
Title, on Human Relations, and of the Title XVII of this Book
regulating damages”. While a criminal case is filed by the state
against the offender, a civil case is filed by a person or entity
against another person or entity.
A criminal case may result in penalties and punishments
that include jail time, but a civil case is often resolved
monetarily, or by arriving at a resolution for certain disputes.
The procedure for filing a civil case is very different
from the procedure for a criminal case. Here’s a step-by-
step guide to filing a civil case in the Philippines:
File a complaint

The venue for filing a complaint depends on the nature of

the case. Cases involving real estate disputes (real actions) are
filed in a proper court where the disputed property is located.
As provided in Section 1, Rule 4 of Revised Rules of Court
“Actions affecting title to or possession of real property, or interest
therein, shall be commenced and tried in the proper court which
has jurisdiction over the area wherein the real property involved,
or a portion thereof, is situated.”

Cases involving persons (personal actions) are filed in

courts where either the complainant or the defendant resides.
As provided in Section 1, Rule 4 of Revised Rules of Court “All
other actions may be commenced and tried where the plaintiff or
any of the principal plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in the case of a non-
resident defendant where he may be found, at the election of the
plaintiff.”

CEDRIC F. VANGUARDIA
PRACTICE COURT II
 If the defendant lives outside the Philippines and the case
is a personal dispute, you may file the complaint in a court
within your area of residence. If the case is a property dispute,
the suit may be filed in a court where the property is located.
In filing the complaint, you also need to pay schedule-
based filing fees. As provided in Rule 141 regarding the payment
of Legal Fees, Section 1 thereof provides that “Upon the filing of
the pleading or other application which initiates an action or
proceeding, the fees prescribed therefor shall be paid in full.”
Payment is then made based on the amount of the claim.
The case is then raffled to a judge. Then, summons are
served.
After the complaint is filed, the corresponding summons
will be served upon the defendant.
Proof of service for the summons is crucial, and without it,
the case may be dismissed. The law provides various ways for
summons to be served. If the defendant’s whereabouts are
unknown, the law allows service by publication.
Go through pre-trial

A pre-trial that brings all parties together for a possible

peaceful settlement is required by law. The presence of both the
defendant and the plaintiff is mandatory, unless their absence
is legally excused. As provided in Section 1, Rule 18 of the Rules
of Court “After the last pleading has been served and filed, if
shall be the duty of the plaintiff to promptly move ex parte that
the case be set for pre-trial”

If the defendant fails to attend, the plaintiff may proceed

to present evidence ex-parte. If the plaintiff is absent, the case
may be dismissed.
Go through trial
Evidence, rebuttal evidence and sur-rebuttals will be
presented during the trial. Due to the passage of the Judicial
Affidavit Rule, a Witness’ direct testimony is now given through
written statements by using Judicial Affidavit instead of verbal
direct examination, and the witnesses may be cross-examined
on his/her Judicial Affidavit.
After all evidence and affidavits have been presented and
reviewed, both parties will be required to file a written
memorandum summarizing their position. The case is then
considered submitted for decision.
The Judge’s Decision

CEDRIC F. VANGUARDIA
PRACTICE COURT II
 In some cases, the judge may render a decision based on
submitted affidavits without going through an actual trial.
Under the Constitution and Rules of Court, a decision
should be rendered within 30 to 90 days after the case was
submitted for decision.
Either party may file an appeal within 15 days from the
receipt of the decision. If no appeal is filed, the decision will be
implemented.

CEDRIC F. VANGUARDIA
PRACTICE COURT II