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    Basics of Trial On Civil Cases

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    archieveda
    This document provides an overview of the basics of civil litigation procedures in the Philippines, including pleadings, pre-trial, trial, appeal, and extraordinary writs processes. It defines pleadings as written statements of claims and defenses submitted for judgment. It outlines the required parts of pleadings and how they are filed and served. It describes the mandatory pre-trial stage, including the required contents of pre-trial briefs. It explains the order and process of trials. It outlines the hierarchy and processes for ordinary appeals from the MTC to RTC to CA and appeals through extraordinary writs to the Supreme Court.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Basics of Trial On Civil Cases

    Uploaded by

    archieveda
    112 views17 pages
    This document provides an overview of the basics of civil litigation procedures in the Philippines, including pleadings, pre-trial, trial, appeal, and extraordinary writs processes. It defines pleadings as written statements of claims and defenses submitted for judgment. It outlines the required parts of pleadings and how they are filed and served. It describes the mandatory pre-trial stage, including the required contents of pre-trial briefs. It explains the order and process of trials. It outlines the hierarchy and processes for ordinary appeals from the MTC to RTC to CA and appeals through extraordinary writs to the Supreme Court.

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    basics of trial on civil cases

    Original Title

    Basics of Trial on Civil Cases

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    This document provides an overview of the basics of civil litigation procedures in the Philippines, including pleadings, pre-trial, trial, appeal, and extraordinary writs processes. It defines pleadings as written statements of claims and defenses submitted for judgment. It outlines the required parts of pleadings and how they are filed and served. It describes the mandatory pre-trial stage, including the required contents of pre-trial briefs. It explains the order and process of trials. It outlines the hierarchy and processes for ordinary appeals from the MTC to RTC to CA and appeals through extraordinary writs to the Supreme Court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    112 views17 pages

    Basics of Trial On Civil Cases

    Uploaded by

    archieveda
    This document provides an overview of the basics of civil litigation procedures in the Philippines, including pleadings, pre-trial, trial, appeal, and extraordinary writs processes. It defines pleadings as written statements of claims and defenses submitted for judgment. It outlines the required parts of pleadings and how they are filed and served. It describes the mandatory pre-trial stage, including the required contents of pre-trial briefs. It explains the order and process of trials. It outlines the hierarchy and processes for ordinary appeals from the MTC to RTC to CA and appeals through extraordinary writs to the Supreme Court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 17

    1

    PLEADINGS- BASICS
    I. Definition written statements of claims and defences submitted for appropriate
    judgment (Sec 1, Rule 6)

    II. Parts- RULE 7


    1. CAPTION name of court, title of action, docket no.

    2. BODY designation, allegation (paragraphs, headings- FIRST CAUSE


    OF ACTION, SECOND, ETC)

    3. SIGNATURE AND ADDRESS

    4. VERIFICATION when required

    5. CERTIFICATE AGAINST FORUM SHOPPING when required

    III HOW FILED RULE 13

    - Present the pleading to the clerk of court personally or by registered mail.


    - Date of mailing is the date of filing
    (Sec 2, and 3 of Rule 13)

    IV. SERVICE, HOW MADE- RULE I3

    - Personal
    - Service by Mail
    - Substituted Service by Delivery to the Clerk of Court
    (Secs 6,7, and 8 of Rule 13)

    PRE TRIAL BASICS

    I. Purpose prompt disposition of action (Sec 2, Rule 18);


    II. Rules pre trial is mandatory (Sec 2, Rule 18); plaintiff required to move ex
    parte to set the case for pre trial after the last pleading has been served and filed
    (Section 1, Rule 18)

    III. Contents
    1. STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE
    SETTLEMENT OR ADR, INDICATING THE DESIRED TERMS---OFFER
    2. ADMITTED FACTS, STIPULATION OF FACTS;
    3. THE ISSUES TO BE TRIED
    4. DOCUMENTS AND/ OR EXHBITS TO BE PRESENTED,
    STATING THE PURPOSE THEREOF
    5.MANIFESTATION OF HAVING AVAILED OF OR INTENTION TO
    AVAIL DISCOVERY PROCEDURES OR REFERRAL TO
    COMMISSIONERS; AND
    6. THE NUMBER AND NAMES OF WITNESS AND SUBSTANCE OF
    THEIR TESTIMONIES (Sec 6, Rule 18)

    TRIAL BASICS

    I. Clerk to notify the parties of the date of trial which shall ensure receipt
    of notice at least 5 days before such date (Sec 1, Rule 30)

    II. ORDER OF TRIAL (Sec 5, Rule 30, Sec 4, 35, Rule 132)
    1. Presentation of Witness/es/ Evidence in Chief by the Plaintiff
    Direct --------------------Cross

    Sec 4, Rule 132

    Redirect------------------Re Cross

    Close

    Formal Offer ----Sec 35, Rule 132


    2. Presentation of of Witness/es/ Evidence in Chief by the
    Defendant
    Direct --------------------Cross

    Redirect------------------Re Cross

    Close
    Formal Offer ----Sec 35, Rule 132
    3. Rebuttal of Evidence

    Sec 4, Rule 132

    Plaintiff ----------------Defendant
    APPEAL- BASICS

    I. MTC--------RTC--------------file a notice of appeal to the MTC


    ----------- or file a notice of appeal plus record
    on appeal to the MTC (Rule 40)

    Contents of Notice of Appeal--- a. Indicate the parties, b. specify


    the judgment or final order or part thereof appeal from c. State the
    material dates showing timeliness of the appeal (Sec 5, Rule 40)
    Contents of Record on Appeal- a. Full names of all the parties
    stated b. Include the judgment or final order c. Chronological order of
    copies of such pleadings, petitions, motions, and interlocutory orders
    related to the appealed judgment or final order for the proper
    understanding of the issues involved, together with such data as will
    show that the appeal was perfected on time. d. If an issue of fact is to be
    raised on appeal, the record on appeal shall include by reference all the
    evidence, testimonial and documentary, taken upon the issue involved. If
    the whole testimonial and documentary evidence in the case is to be
    included, a statement to that effect will be sufficient without mentioning
    the names of the witnesses or the number or letters of exhibits. Every
    record on appeal exceeding twenty (20) pages must contain a subject
    index.

    II. RTC in orig. jurisdiction --------CA ----- file notice of appeal to the
    RTC (Rule 44) or appeal by Certiorari to the Supreme Court if the
    appeal involves pure questions of law (Rule 45)

    -Appellants Brief and Appellees Brief required to be filed within 45


    days receipt of notice from clerk by appellant, and receipt of appellants
    brief by appellee
    ---- Contents of Appellants brief Subject index, assignment of error,
    statement of the case, statement of facts, arguments, reliefs

    ----- Contents of Appellees brief Subject index, Statement of Facts,


    Arguments
    III. MTC--------RTC appellate jurisdiction--------CA----file a petition
    for review before the CA and copy furnish RTC under Rule 42 or appeal
    by Certiorari to the Supreme Court if the appeal involves pure questions
    of law (Rule 45)
    Contents of Petition for Review under rule 42
    a. full name of parties w/ out impleading lower courts;
    b. specific material dates showing it was filed on time;
    c. set forth concisely a statement of the matters involved, issues raised,
    specification of error, arguments relied for allowance of appeal, clear
    legible duplicate originals or certified correct copy of judgment (Sec 2,
    Rule 42)

    IV. CA-------Supreme Court---- appeal by Certiorari to the Supreme


    under Rule 45 (Apply also Rule 56, Rule 48, Secs 1, 2, 5 to 11 of Rule
    51 and Rule 52)

    EXTRAORDINARY WRITS original action BASICS

    -----apply Rule 46, Rule 56, and Rule 65

    -----------assert grave abuse of discretion


    -----------allege the important facts
    -----------implead lower courts
    -----------attach certified true copy of the judgment, order, or resolution
    ----------attach relevant copies of pleadings and documents

    (Sec 6 of Rule 65 and Sec 2 of Rule 56 refer to applications of Rule


    46, 48, 49, 51 and 52)

    -The Court shall order to comment on respondents w/in 10 days


    from receipt of order (Sec 6, Rule 65)

    -After comment or after the expiration to file comment, the Court


    may hear the case or require the parties to submit memoranda (Sec 8,
    Rule 65)

    MTC

    RTC

    SUPREMEC COURT concurrent original jurisdiction

    CA

    BUT BECAUSE OF HIERARCHY OF COURTS THE


    FOLLOWING ORDER MUST BE FOLLOWED

    MTC

    RTC

    CA

    SUPREME COURT

    DIAGRAM OF A CASE FROM MTC (Assume the remedy resorted


    is always via ordinary appeal)

    COMPLAINT-------must be filed before prescription (by law) or


    before laches (by equity) sets in

    ---commences civil action (Sec 5, Rule 1)


    ---ORDINARY ACTION based on a cause of
    action (Sec 1, Rule 2)
    ---if cause of action is based on an actionable
    document- set forth the content
    --- attach the original copy of the actionable
    document as exhibit or said copy should be
    set forth in the pleading

    SUMMONS

    ---clerk issues summons (Rule 14)

    BEFORE ANSWERING
    ---motions (Rule 15) motion to dismiss
    (Rule 16, Motion for Bill of Particulars
    (Rule 12) may be filed

    ANSWER
    --15 days after service of summons (Rule 11)
    --specifically deny under oath per allegations in the
    complaint or in good faith aver no
    knowledge or information
    -if with counterclaim ---set forth the counterclaim
    -if with affirmative defences set forth the defense
    MOTION TO AMEND
    MOTION (OTHERS)

    REPLY or ANSWER TO COUNTERCLAIM

    ---10 days from service of pleading (Sec 4 and 6 of Rule 11)

    --------LAST PLEADING SERVED---PLAINTIFF MOVES EX PARTE TO SET THE CASE FOR


    PRETRIAL (Section 1, Rule 18)
    -notify the counsel (adverse party)----(Sec 3, Rule 8)

    10

    PRETRIAL BRIEF

    PRETRIAL BRIEF

    FOR PLAINTIFF

    FOR DEFENDANT

    Ensure receipt of the adverse party at least 3 days before pre-trial


    (Sec 6, Rule 8)

    PRETRIAL

    PRE TRIAL ORDER

    ------------------CLOSE OF THE PRETRIAL STAGE---------------

    TRIAL ------ clerk to notify parties of the date of trial which shall
    ensure receipt of notice at least 5 days
    before such date (Sec 1, Rule 50)

    ----PRESENTATION OF WITNESS/ES/ EVIDENCE


    FOR PLAINTIFF

    11

    ----FORMAL OFFER (Sec 35, Rule 132)----OBJECTION TO FORMAL OFFER

    ---PRESENTATION OF WITNESS/ES/EVIDENCE
    FOR DEFENDANT

    ----FORMAL OFFER (Sec 35, Rule 132)----OBJECTION TO FORMAL OFFER

    ---MEMORANDA (Section 5, RULE 30)

    -JUDGMENT---------------------------------------------------------------

    --MOTION FOR EXECUTION BEFORE


    EXPIRATION TO TO THE COURT
    OF ORIGIN IF IT STILL HAS
    JURISDICITON OR POSSESSION
    OF THE RECORDS --- if execution is
    mandatory (immediately executory) or
    if discretionary
    ADVERSE PARTY MAY FILE A MOTION
    FOR RECONSIDERATION OR

    12

    NEW TRIAL PERIOD FOR


    APPEAL INTERRUPTED (Sec 2,
    Rule 40)

    MOTION FOR EXECUTION after expiration


    of period to appeal by the adverse
    party

    APPEAL
    15 days from notice of judgment or order (Sec 1,
    Rule 40)

    ---notice of appeal or notice of appeal pluse record


    on appeal (Sec 1, Rule 40)

    ---MTC Court to transmit original record to RTC (Sec


    6, Rule 40)

    --- MTC Clerk of Court transmits original record to


    the RTC (Sec 6, Rule 40)

    13

    --RTC Clerk of Court notifies the parties (Sec 7 Rule


    40)

    -Appellant to submit Memorandum with in 15 days


    from notice (Sec 7b Rule 40)

    --Apellee to submit Memorandum w/in 15 days from


    receipt of appellants memorandum
    (Sec 7 b, Rule 40)

    RTC RENDERS JUDGMENT IN ITS APPELLATE


    JURISDICTION-----------------------------------------------------------

    ----MOTION FOR RECONSIDERAITON OR


    NEW TRIAL

    ----MOTION FOR EXTENSION FO


    ADDITIONAL 15 DAYS (Sec
    1, Rule 42)
    --- MOTION FOR EXECUTION

    14

    PETITION FOR REVIEW UNDER RULE 42


    ---filed to the CA within 15 days from notice of
    decision or final order ( copy furnish
    RTC)
    --respondent required to comment within 10 days
    from notice (Sec 4 and 5 of Rule 42)
    -contents of comment:certified true copies of
    material portions of the records
    referred therin, state whether
    respondent accepts matters involved
    in the petition, point out insufficiencies
    or inaccuracies, state reason why the
    petition should not be given due
    course (Sec5, Rule 42)
    -CA may order elevation of Records (Sec 7,
    Rule 42)
    RESPONDENTS COMMENT

    ORAL ARGUMENTS OR MEMORANDA


    --- within 15 days from notice

    -----DECISION OF CA------------------------------------------------

    15

    APPEAL TO THE SUPREME COURT VIA RULE 45


    ---with

    MOTION FOR EXECUTION


    _______________________END__________________________

    IN CASES OF OF APPEAL FROM THE DECITIONS OF RTC IN


    ITS ORIGINAL JURISDICTION

    ---- apply Rule 44 ---- ordinary appeal by filing a notice of appeal


    with the RTC or for purely questions of law, appeal to the Supreme
    Court under Rule 45

    ----Appellant to file an Appellants Brief within 45 days from receipt


    of notice from the clerk of court that all evidence oral or
    documentary are attached to the record (Section 7, Rule 44)

    16

    ----Appeallee to file an appelles brief 45 days from receipt of


    appellants brief (Sec 8, Rule 44)

    EFFICIENT PAPER RULE


    A.M NO. 11-9-4-SC

    MARGINS
    1.2
    1.5 X 1.0
    1.0
    PARAGRAPHS ---1 AND SPACE IN BETWEEN

    FONT SIZE14

    TYPE: ANY, PRESENTABLE

    NUMBER OF COPIES

    17

    SUPREME COURT IN DIVISION ---1 ORIGNAL PLUS 4 COPIES

    SUPREME COURT EN BANC ----PLUS TEN COPIES TO THE


    --------1 ORIGINAL PLUS 4 COPIES

    CA1 ORIGINAL PLUS 2 COPIES

    LOWER COURTS- 1 ORIGINAL WITH ANNEXES

    Prepared by:

    Atty. Francis D. Nieves, CPA

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