CHAPTER UI STAGES IN CIVIL PROCEDURE A. FLOW CHART OF noe REGULAR PROCEEDINGS IN CIVIL FIRST (18T} STAGE REFERRAL TO THE BARANGAY (R.A. 7160) - GENERAL RULE/EXCEP. - VENUE TIoNs ~ AMICABLE SETTLEMENT/ ~ EFFECT OF NON-REFERRAL EFFECT — GROUNDS FOR REPUDIA. - MOTU PROPRIO DISMISSAL TION - EXECUTION OF COMPRO. ~ GROUNDS FOR MOTION TO MISE AGREEMENT DISMISS UNDER RULE 16 FORMS: CERTIFICATE TO FILE ACTION ee | ‘SECOND (2ND} STAGE PLEADINGS/COMPLAINT (RULES 2, 3, 4, 6, 7, 8, 13, 57-61, 62-71) - PLEADING-DEFINED/ —-_ KINDS OF PLEADINGS, PREPARATION = JURISDICTION aoe ~ EARTIES - PROVISIONAL REMEDIES ~ PARTS OF API ao — GROUNDS FOR MOTION TO’ DISMISS UNDER RULE 16 gg ne oh - MANNER OF ALLEGATIONS = FILING AND SERVICE OF PLEADINGS = SPECIAL CIVIL ACTIONS FORMS: COMPLAINT/PETITION 86 CHAPTER ML STAGES IN CIVIL PROCEDURE, ——————————— ‘THIRD (SRD) STAGE -COMMENCEMENT OF ACTION: FILING OF COMPLAINT/ PETITION WITH THE COC OF RTC/MTC/MCTC = PAYMENT OF DOCKET - RAFFLE FEES _ EFFECTS OF NON-PAY- - INDIGENT/PAUPER LITI- MENT Gant - EXEMPTIONS FROM FEES/COVERAGE FORM: MOTION FOURTH (4TH) STAGE ‘SUMMONS (RULE 14) = MODES OF SERVICE - EFFECT OF SERVICE DEFINITIONS. KINDS PURPOSE. REMEDY IN CASE OF DEFECTIVE SERVICE OF SUMMONS FORMS; SUMMONS/MOTION FIFTH (STH) STAGE J. REMEDIES AFTER SERVICE OF SUMMONS -MOTION TO DISMISS = MOTION FOR BILL OF PAR- TICULARS, = MOTION FOR EXTENSION - MOTION FOR SUMMARY (OF TIME TO FILE RES- JUDGMENT PONSIVE PLEADING = NOTICE OF WITHDRAWAL - MOTION TO AMEND AS A MATTER OF RIGHT = MOTION FOR LEAVE TO TAKE THE DEPOSITION OF A PERSON (OF COMPLAINTon CIVIL PROCEDURE: A GUIDE. FOR THE BENCH AND THE BAR | 11, MOTIONS IN GENERAL (RULE 15) - RULES = DEFINITION ~ NOTICE OF HEARING — - KINDS - REQUIREMENTS ~ EFFECTS OF NON COMPLI. ANCE ~ LIBERAL APPLICATION FORM: MOTION = WITH THE RULES | SIXTH (6TH) STAGE DECLARATION OF DEFAULT AND JUDGMENT BY DEFAULT (RULE 9) = REQUIREMENTS FOR THE - ORDER OF DEFAULT DECLARATION OF DE- FAULT EFFECTS = JUDGMENT BY DE- = LIFTING OF ORDER OF FAULT DEFAULT ~ CERTIORARI (RULE 65) ~ GROUNDS - REMEDIES FORMS: MOTIONS/AFFIDAVIT OF MERIT/PETITION J SEVENTH (7TH) STAGE AMENDMENT OF THE PLEADINGS (RULE 10) ~ DEFINITION - KINDS 7 AmenDMentT As AMAT. ~ 48 4 MATTER OF DISCRE- TER OF RIGHT TION - SUPPLEMENTAL PLEAD- ~- EFFECTS OF AMENDMENT INGS (RULE 13} ~ AMENDMENT TO CONFORM - REQUIREMENTS TO EVIDENCE = SEC. 3, RULE 16 FORMS: MOTION /AMENDED COMPLAINT/PETITION pret CHAPTER Itt — STAGES IN CIVIL PROCEDURE, EIGHTH (8TH) STAGE, WITHDRAWAL OF COMPLAINT (RULE 17) = PERIOD TO FILE ~ FAILURE TO PROSECUTE = MANNER OF WITHDRAW- - EFFECTS OF DISMISSAL AL = TWO (2) DISMISSAL RULE - REMEDIES FORMS: NOTICE OF WITHDRAWAL/MOTION NINTH (9TH) STAGE, ANSWER (RULE 6) DEFINITION = PERIOD TO PLEAD - PARTS. = KINDS OF DEFENSES — COUNTERCLAIM/COUN- - CROSS-CLAIM/COUNTER- ‘TER/COUNTER CLAIM CROSS CLAIM FORMS: ANSWER/COUNTERCLAIM /CROSS-CLAIM ‘TENTH (10TH) STAGE JUDGMENT ON THE PLEADINGS (RULE 34) ~ PERIOD TO FILE ~ GROUNDS ~ DISTINCTION WITH SUM. - REQUIREMENTS MARY JUDGMENT FORM: MOTION ELEVENTH (11TH) STAGE, ‘THIRD/FOURTH-PARTY COMPLAINT (RULE 6) ~ REQUIREMENTS FORMS: MOTION/THIRD-PARTY COMPLAINTrT ; lL 90 CIVIL PROCEDURE. A GUIDE FOR THE BENCH AND THE BAR, Parti ” (CHAPTER I) ~ STAGES IN CIVIL PROCEDURE ae | ‘TWELFTH (12TH) STAGE REPLY (RULE 6) = ORDER OF EXAMINATION - RE-DIRECT EXAMINATION (OF WITNESS PERIOD TO FILE = PURPOSE, = TRIAL AND HEARING DIS- ~ RE-CROSS EXAMINATION TINGUISHED FORM: REPLY - ONE DAY ONE WITNESS - JUDICIAL AFFIDAVIT/RULE RULE, i = CHILD WITNESS EXAMI- } NATION RULE ‘THIRTEENTH (13TH) STAGE REJOINDER i Or = PERIOD TO FILE — PURPOSE = SoA arene eo are spare vem Se voennsTEe S Sit - comeryenrenon Bae ene eae _ Smear ~ SSPE 7 — BY THE PLAINTIFF Fo FOURTEENTH (14TH) STAGE RM: FORMAL OFFER OF EXHIBITS ‘PRE-TRIAL (RULE 18) — PURPOSE __pparop 70 CONDUCT a ~ REQUIREMENTS | APPEARANCES SEVENTEENTH (177 © puRFOSE (7TH) srace ~ Sereys or FAURE 70 NORA, a can ere ia ee EAR o ' a er a = cue RR eon rinz Brie (MOTION TO SET CASE TOR TRE ~ REMEDY/GRANTING/DE. ~ EFFECT IN CASE OF REVER FORMS: PRET SOLUTION! 3 /BOARD RES ‘TRIAL/SPECIAL POWER OF econ 1 — DEMURRER IN CIVIL AND - DEMURRER AND MOTION TRUNETARY'S CERTIFICA’ CRIMINAL CASES DISTIN. _ 70 DISMISS DISTINGUISHED I GuisieD = REMEDY IN CASE OF DENIAL NTH (18TH) STAGE FIFTE! C , FORM: MOTION FOR DEMURRER TO EVIDENCE/WITH LEAVE ORDER OF TRIAL (RULES 30 AND 192) PRESENTATION OF PLAIN: ~ PIRECT EXAMINATION TIPS ecumer —_~ OROSS EXAMINATION a‘CIVIL PROCEDURE: A GUIDE FOR THE BENCH AND THE BAR eee) Seeeeeeeeee EIGHTEENTH (18TH) STAGE PRESENTATION OF DEFENDANT'S EVIDENCE-IN-CHIEF (RULE 30) DIRECT EXAMINATION OF WITNESS/ES/OBJECT/DOCU- MENTARY CROSS-EXAMINATION OF WITNESS/ES RE-DIRECT EXAMINATION OF WITNESS/ES RE-CROSS EXAMINATION OF WITNESS/ES | +“ NINETEENTH (19TH) STAGE DEFENDANT'S FORMAL OFFER OF EXHIBITS (RULE 192) = PERIOD TO FILE COMMENT OF PLAINTIFF FORM: FORMAL OFFER OF EXHIBITS/COMMENT —_ ‘TWENTIETH (20TH) STAGE ‘THIRD-PARTY PLAINTIFF'S /DEFENDANT’S PRESENTATION (OF EVIDENCE (RULE 30) ft ‘TWENTY-FIRST (21ST] STAGE PLAINTIFF'S REBUTTAL EVIDENCE (RULE 30) ~ DEFINITION ~ PURPOSE NATURE OF REBUTTAL EVI- DENCE PART CHAPTER it — STAGES IN CIVIL PROCEOURE | TWENTY. SECOND (2340) STAGE | DEFENDANT'S SUR-REBUTTAL EVIDENCE TWENTY-THIRD (23RD) STAGE ‘MEMORANDUM = FOR THE PLAINTIFF = PERIOD OF FILING ~ FOR THE DEFENDANTS FORM: MEMORANDUM ‘TWENTY-FOURTH (24TH) STAGE INTERVENTION (RULE 19) = PERIOD TO FILE - REQUIREMENTS: = ELEMENTS ~ INTERVENTION AND INTER: PLEADER DISTINGUISHED FORMS: MOTION/ COMPLAINT IN INTERVENTION ‘TWENTY-FIFTH (25TH) STAGE, DECISION (RULE 36) = SERVICE OF DECISION ~ REQUIREMENTS FORM: DECISIONCIVIL PROCEDURE: A GUIDE FOR THE BENCH AND THE BAR -—— | REMEDIES BEFORE FINALITY OF JUI [DOMENT {RULES 37, 40, 41, 42, 43, 45 AND 65) : acre - RECONSIDERATION RIA = ceRTioraRI ~ PETITION FOR REVIEW — RE-OPENING OF THE CASE OW CERTIORARI FORMS: NOTICE OF APPEAL/MOTION/PETITION | ‘TWENTY-SEVENTH (27TH) STAGE REMEDIES AFTER FINALITY OF JUDGMENT (RULES 38, 47, 65) ~ ANNULMENT OF JUDGMENT ~ PETITION FOR RELIEF FROM JUDGMENT - CERTIORARI ~ PROCEDURAL REQUIRE- - COLLATERAL ATTACK MENTS FORM: PETITION ‘TWENTY-EIGHTH (28TH) STAGE EXECUTION (RULE 39) ~ PERIOD TO EXECUTE - Kinps - GROUNDS FoR QUASHAL ~ LEVY AND GARNISHMENT OF WRIT REMEDY OF TERCERIA ~ EXEMPTIONS ~ REVIVAL OF JUDGMENT FORMS: MOTION FOR ISSUANCE OF WRIT OF EXECUTION, WRIT OF EXECUTION/MOTION TO QUASH WRIT OF EXECU: TION/THIRD PARTY CLAIM $$ PART 95 (CHAPTER Il — STAGES IN CIVIL PROCEDURE FLOW CHART IN SUMMARY PROCEDURE FILING OF THE COMPLAINT AND PAYMENT OF DOCKET FEES Easeeereseennagy DETERMINATION BY THE JUDGE IF THE CASE 15 SUMMARY ‘SUMMARY PROCEDURE/DISMISSAL OF THE CASE ISSUANCE AND SERVICE OF SUMMONS ¥ MOTU PROPRIO/MOTION TO RENDER JUDGMENT ANSWER-10 days PT PRELIMINARY CONFERENCE96, (CIVIL PROCEDURE: A GUIDE FOR THE BENCH AND THE BAR —— | SUBMISSION OF POSITION PAPER AND AFFIDAVITS OF WITNESSES PARTI CHAPTER Ill — STAGES IN CIVIL PROCEDURE FLOW CHART IN SMALL CLAIMS CASES. APPEAL TO THE RTC BY NOTICE OF APPEAL WITHIN 15 DAYS | PETITION FOR REVIEW FROM THE RTC ‘TO THE COURT OF APPEALS WITHIN FIFTEEN (15) DAYS UNDER RULE 42 | PETITION FOR REVIEW ON CERTIORARI ‘TO THE SUPREME COURT WITHIN FIFTEEN (15) DAYS UNDER RULE 45 EXECUTION UNDER RULE 39