civil law 1

• Small Claims


  Purely civil in nature where the claim or relief prayed for is solely for payment or reimbursement of sum of money, and civil aspect of criminal actions
• File in court

  1. Accomplished & verified Statement of Claim (in duplicate)

  2. Certification of Non-forum shopping

  3. 2 Duly certified photocopies of the actionable document

  4. Affidavit of witnesses

  5. Other evidence to support claim
• If not attached to claim, evidence cannot be presented during hearing (Exception: Good cause)
• Pay docket and other legal fees

  1. Unless allowed to litigate as indigent

  2. Must pay P1,000 fee for service of summons and process
• Dismiss Claim Outright

  1. Examine allegations of the statement of Claim and evidence attached thereto

  2. On any of the grounds apparent form the claim
• Summons and Notice of Hearing

  1. Issue summons on the day of receipt of Statement of Claim, directing defendant to submit verified response

  2. Issue notice to both parties to appear before it on a specific date and time of hearing

  3. Warning: No justified postponement is allowed

  4. Express prohibition against filing MTD and other prohibited pleading under Sec. 14

  5. Accompanied by copy of statement of claim, documents submitted by plaintiff, and response to be accomplished by defendant
• Fails to file response but appears at the date set for hearing

  1. Court ascertain what defense he has to offer

  2. Proceed to hear, mediate or adjudicate the case on the same day
• File verified response

  1. Serve on the plaintiff

  2. Accompanied by certified photocopies of documents, affidavits of witnesses, and other evidence in support thereof

  3. Grounds under Rule 16 of ROC should be pleaded

  4. File counterclaim; Otherwise, barred
• Hearing

  1. Judge read aloud a short statement explaining the nature, purpose, and rule of procedure of small claims

  2. Judge exert efforts to bring parties to an amicable settlement of the dispute

  3. Settlement discussions are strictly confidential

  4. If efforts at settlement fail, hearing proceed in an informal and expeditious manner and terminated within 1 day
• Appearance


  If through a representative: for a valid cause, not a lawyer, related to or next-of-kin of the individual-party, authorized under an SPA<|>Juridical entities not represented by a lawyer in any capacity<|>Attorneys are not allowed, unless attorney is the plaintiff/defendant
• Postponement


  1. Granted only upon proof of inability of party to appear

  2. Availed only once
• Referral to another judge

  1. Either party may move in writing

  2. Made within the same day the motion is filed & granted

  3. By the Executive Judge to the designated judge within the same day of referral

  4. New judge hear and decide case within 5 working days from receipt of order of assignment
• Decision

  1. Rendered on the same day as the hearing

  2. Based on the facts established by evidence

  3. Immediately entered by the Clerk of Court in the court docket

  4. Copy served on the parties

  5. Final and unappealable
• Jurisdiction: MTC, RTC, CA, SC
• Venue: Real action, Personal action, By agreement
• File complaint

  1. Cause of Action

  2. Parties

  3. Parts of a pleading

  4. Filing & Service
• Summons

  1. Contents

  2. When served

  3. How served
• After acquired jurisdiction but before responding to a pleading

  1. Motion to strike

  2. Motion for extension to file

  3. Amendment as a matter of right

  4. Supplemental pleadings

  5. Bill of particulars

  6. Motion to dismiss

  7. Dismissal upon notice by plaintiff

  8. Modes of Discovery (EXCEPT Admission)
• Fail to file an answer


  Default: Order, Remedy, Partial
• Joinder of issues

  1. Answer

  2. Counterclaim

  3. Cross claim

  4. Third Party Claim

  5. Defenses

  6. Objections

  7. Lis Pendens

  8. Dismissal upon motion of plaintiff
• Within 10 days


  1. Reply

  2. Answer to counterclaim or cross claim

  3. Bring new parties

  4. Amendment by leave of court
• Summary judgment

  1. Judgment on the pleadings

  2. Discovery by Admission of Adverse Party
• Pre-Trial

  1. File pre-trial brief

  2. Preliminary conference

  3. Pre-trial
• Trial

  1. Motion for postponement

  2. Order of trial

  3. Consolidation

  4. Trial by commissioner

  5. Demurrer to evidence

  6. Amendment to conform to the evidence
• Judgment

  1. Rendition

  2. Entry

  3. Kinds of judgment
• Before finality

  1. Motion for reopening trial

  2. Motion for Reconsideration

  3. Motion for New Trial

  4. Appeal
• After finality

  1. Petition for relief

  2. Annulment of judgment
• Execution

  1. Kinds

  2. When issued

  3. Conduct of Sale

  4. Rules on Redemption

  5. Third party claim

  6. Satisfaction

  7. Enforcement
• Stages in a Civil Action (Rules 1-47)
• Final and executory
• File a Complaint

  1. Parties

  2. Cause of Action

  3. Parts of a Pleading

  4. Requisites of a class suit

  5. Elements of joinder of parties

  6. Failure to implead

  7. Substitution of parties

  8. Indigent litigant
• Filing


  Act of presenting the pleading or other paper to the clerk of court
• Service

  1. Act of providing a party with a copy of the pleading or paper concerned

  2. Modes of Service: Personal, Registered Mail, Ordinary Mail, Substituted Service

  3. Proof of Service
• Modes of Filing

  1. Personal Service

  2. Proof of Filing
• Return to sender after 10 days if undelivered


  1. Upon actual receipt by the addressee

  2. After 5 days from the date he received the first notice of the postmaster
• Whichever date is earlier
• Upon receipt by sender, file:

  1. Registry return card

  2. Unclaimed letter + Certified/sworn copy of notice given by postmaster
• Ordinary Mail


  No registry service is available in the locality of either the sender or the addressee
• Upon the expiration of 10 days after mailing


  UNLESS court otherwise provides
• Affidavit of person mailing