Basic Civil Litigation Process

C JUDGMENT POST- JUDGMENT EXECUTION

REMEDIES


 Official determination of
rights and obligation When remedies have
 Personally and directly been exhausted and
prepared by judge enforcement of the
 Stating clearly the facts and judgment
law
 Signed by him
 Filed with clerk of court
 Date on entry judgment =
date of finality of judgment

BEFORE Judgment AFTER Judgment

When is the
becomes final and remedy available? becomes final and
executory executory

Which Which
remedy is remedy is
available? available?

Motion for New Action to Annul

Trial the Judgment

Motion for Petition for

Appeal Certiorari
Reconsideration Relief

Paulo F. San Juan

 Basic Civil Litigation Process

B PRE-TRIAL TRIAL C

MODES OF
DISCOVERY Plaintiff presents
EVIDENCE

ALTERNATIVE
MODES OF
DISPUTE
RESOLUTION
The Defendant
believes that the Defendant
Plaintiff is not NO presents
entitled for
relief?
EVIDENCE
Is AMICABLE
SETTLEMENT
possible?
YES DISMISSAL

YES
NO

DEMURRER to
TRIAL EVIDENCE

Defendant still
Denied?
YES has right to
present Evidence

NO

Defendant
Reversed deemed to have
on YES waived his right
Appeal?
to present
Evidence

NO

Defendant
presents
EVIDENCE

JUDGMENT

Paulo F. San Juan

 Basic Civil Litigation Process

A SUMMONS ANSWER B

Admission of Claim
No ANSWER – JUDGEMENT BY
The court acquires
DEFAULT
jurisdiction over the CROSS CLAIM to
Defendant. Co-Defendant
With ANSWER
but DID NOT No Triable Issue –
SPECIFICALLY JUDGEMENT BASED
DENY material ON PLEADINGS
Defendant’s AVERMENTS
Procedural Options
SUMMARY
Absence of JUDGEMENT –
Genuine Issue in Based on Pleadings,
Is there a the Case affidavits,
Motion to
ground for YES depositions and
Dismiss
immediate admissions
Dismissal?

Intervention

NO

THIRD PARTY
COMPLAINT
To a Stranger
Motion for
Is there an
Bill of
ambiguity YES Particulars
in the
complaint?

Counterclaim to
Plaintiff
NO

Plaintiff’s
answer
REPLY
Did the Plaintiff may file Motion
Defendant to Declare Defendant in
file an NO Default
After last
ANSWER? pleading has
been served and
filed

YES
DISMISSAL
Plaintiff to
move ex parte
ANSWER that the case
be set for
PRE-TRIAL

Paulo F. San Juan

 Basic Civil Litigation Process

FILING OF
PREPARATION A
COMPLAINT
OF COMPLAINT
Before
Matter of Right Answer

Is there a CAUSE Dismissal

OF ACTION? NO DISMISSAL When is of the
the
Action by
motion
filed? the
YES Plaintiff

After
Court Discretion
Answer

Are the proper

JURISDICTION,
Before responsive
VENUE, Matter of Right
Pleading is SERVED
PARTIES, NO DISMISSAL
PRESCRIPTION,
and CONDITION
PRECEDENT
followed?

When is
the Amendment
motion of the
filed? Complaint
YES

After responsive Court Discretion

Correct Pleading is SERVED
requirements
NO DISMISSAL
for Complaint?

-Statement of Facts
-Must be dated and signed
-Must be verified
YES -With Certification against
Forum Shopping
Paid the
DOCKET or
The court has no FILING FEES
COMPLAINT jurisdiction. NO within the
prescribed
period?

YES

The court acquires

jurisdiction over the
plaintiff and the action is
Paulo F. San Juan deemed commenced.