Complaint Office of the Clerk of Court -

Office of the Executive Judge –

raffle – Clerk of Court will issue
summons w/ 10 days

(Upon filing of the complaint and the payment of the requisite legal fees)

The Sheriff or the Process

Server will serve the summons
Summons
*The court shall issue summons directing the defendant to file an answer to
the complaint and unless he does so, the court may render a judgement against
him by default and grant to the plaintiff the relief applied for.

*Attached to the summons is a copy of the complaint.

*Summons are to be served upon the defendant in person, if defendant cannot

be served despite efforts to serve him in person, summons may be served thru
alternative mode called substituted service.

1. Serving the summons at the residence of the defendant, or

2. His regular place of business with a person qualified to receive the
summons Person Qualified must be:
*if summons is unserved thru
personal service & substituted  Atleast 15 yrs of age
service, the complainant may file a  Must be able to read and
motion thru his counsel & prays to write
the court that summons be served  Must know how to
thru publication in a news paper of distinguished between
general circulation. right & wrong

1. Dismissal of the complaint by the plaintiff

2. Amendment of the complaint
3. ® Motion for bill of particulars
After submission of Bill of particular by (P)
4. Motion to dismiss by ®
5. Dismissal by the court
1. Lack of jurisdiction over the subject matter of the action
2. Litis pendencia
3. Res judicata
 Summons may be serve by:
4. Prescription
 Personal Service of
Summons *As long as the news paper is
 Substituted Service of being circulated outside the
Summons area of its publication it shall
 Extra-territorial be considered a news paper
Service of Summons of general circulation.

Answer (responsive pleading)

*Answer must be filed within

15 days after receipt of
*may file a motion for
summons
extension to file an answer

1. Amendment of the complaint w/ leave of court

2. (P) Motion for judgement on the pleading = no issue because the
answer fails to tender an issue or it admits the material allegations of the
complaint.
3. Answer with counter-claim
4. Answer with cross-claim
5. Third-party complaint with leave of court

(P) Reply
(deny or alleged facts in denial or avoidance of new matters alleged in the
complaint)

*allegations of new matters in the answer even if not replied to, are deemed
controverted or denied

*complaint-in-intervention or answer-in-intervention may be filed any time

before judgement
 (after the last pleading)

(P) move for ex parte Pre-trial

1. Amicable settlement or submission of the case to ADR

2. Discovery procedure

Trial
* Presentation of evidence by the plaintiff, after he rest his case, the
defendant will present his own evidence or move for the dismissal of the case
(demurrer to evidence), if denied, defendant may still present his evidence. If
demurrer is granted but on appeal the order of dismissal is reversed, defendant
is deemed to have waived his right to present evidence.

(After submission of the evidence of the parties has been concluded)

Judgement
*The date of entry of the judgement should also be the date of the finality of
the judgement.

Post-Judgement Remedies
1. Remedies before judgement becomes final and executory:
1. Motion for Reconsideration (MR)
2. Motion for New Trial
 3. Appeal
2. Remedies after Judgement becomes final and executory:
1. Petition for Relief
2. Action to Annul Judgement
3. Certiorari
3. May be allowed to attack the judgement collaterally when the
nullity of the judgement is plain and evident on its face.

Execution
* After all the remedies available to a party have been exhausted and the case
is finally decided, the judgement of the court shall then be subject to
execution. (This is the remedy afforded by the procedural rules for the
enforcement of judgement).