Civil Procedure Flow Chart

CIVIL PROCEDURE
1. REMEDIES OR PROCEEDINGS BEFORE COMMENCEMENT OF CIVIL ACTION

a) Affidavit of Adverse claim
b) Voluntary Arbitration/Alternative Dispute Resolution
c) Referral to Barangay Concilication (RA 7160) and issuance of Barangay Protection
Order (RA 9262)
d) DNA Evidence/Testing
2. FILING OF COMPLAINT/STATEMENT OF CLAIMS/PETITION
a) Requirements?
b) How?
c) Kinds of Initiatory Pleadings?
d) Payment of Docket fees?
3. REMEDIES UPON THE COMMENCEMENT OF THE ACTION
a) Motion to be declared as indigent party (Sec. 21, Rule 3)
b) Intervention (Rule 19)
c) Attachment (Rule 57)
d) Injunction (Rule 58)
e) Appointment of Receiver (Rule 59)
f) Repleven (Rule 60)
g) Support Pendente Lite (Rule 61)
h) Motu proprio dismissal of the case under Sec. 4 of the Rules of Summary Procedure
i) Motu proprio dismissal of the case under Sec. 11 of the 2016 Rules on Small Claims
Cases.
4. ISSUANCE OF SUMMONS
5. SERVICE OF SUMMONS
6. REMEDIES AVAILABLE AFTER COURT HAS ACQUIRED JURISDICTION OVER THE
PARTIES BUT BEFORE DEFENDANT FILES THE RESPONSIVE PLEADING
Plaintiff Defendant
Motion to Join or Add and/or Drop parties Motion to Join or Add, and/or Drop parties
(Rule 3, Sec. 11) (Rule 3, Sec. 11)
Motion to declare Defendant in Default, Motion to Lift Order of Default, Motion to
Ex-parte Motion to Present Evidence, Set Aside Judgment By Default (Rule 9)
Judgment By Default (Rule 9)
Amendment of the Pleadings as a Matter of Motion for Extension of Time to file
Right (Rule 10, Sec. 2) Answer (Rule 11, Sec. 11)
Dismissal by Plaintiff (Rule 17, Sec. 1) Motion for Bill of Particulars (Rule 12)
Notice of Lis Pendens (Rule 13, Sec. 19) Notice of Lis Pendens (Rule 13, Sec. 19)
Intervention by Plaintiff Intervenor (Rule Intervention by Defendant Intervenor (Rule
19). This may be availed of anytime, with 19). This may be availed of anytime, with
leave of court, before judgment. leave of court, before judgment.
Ex-parte motion to avail of Modes of Ex-parte motion to avail of Modes of
Discovery (Rule 23-27) Discovery (Rule 23-27)
Motion to Dismiss (Rule 15, Sec. 12 [a])
Summary Judgment for Defending Party
(Rule 35, Sec. 2)
7. FILING AND SERVICE OF ANSWER
8. REMEDIES AVAILABLE AFTER SERVICE OF ANSWER
Plaintiff Defendant
Reply (Rule 6, Sec. 10) Third Party (Fourth Party, etc) Complaint
with leave of court (Rule 6, Section 11)
Amendment of the pleading with leave of Amendment of the pleading with leave of
court (Rule 10, Sec. 3) court (Rule 10, Sec. 3)
Motion for Leave to file Supplemental Motion for Leave to file Supplemental
Pleading (Rule 10, Sec. 6) Pleading (Rule 10, Sec. 6)
Discovery (Rule 23-28) Discovery (Rule 23-28)
DNA Testing (Sec. 4 of the DNA Evidence DNA Testing (Sec. 4 of the DNA Evidence
Rule, A.M. No. 06-11-5-SC, October 15, Rule, A.M. No. 06-11-5-SC, October 15,
2007) 2007)
Motion to dismiss complaint by the
plaintiff (Rule 17, Sec. 2)
Judgment on the pleadings (Rule 34)
9. REMEDIES AFTER SERVICE OF THE REPLY OR THIRD PARTY COMPLAINT
Plaintiff Defendant
Answer to Third Party (Fourth Party, etc) Rejoinder (Rule 6, Sec. 10)
complaint (Rule 11)
Motion for Summary Judgment on the
Third Party (Fourth Party, etc) complaint
(Rule 35)
Motion for Judgment on the Pleadings
based on Reply (Rule 34)
10. PRE-TRIAL
1) Nature and Purpose
2) Requirements
11. REMEDIES DURING PRE-TRIAL
Plaintiff Defendant
Motion to present evidence ex-parte for Motion for the dismissal of the action for
failure of the defendant to appear during failure of the plaintiff and counsel to
the scheduled pre-trial conference (Rule 18, appear without valid cause during the
Sec. 5) or failure to file defendant’s pre scheduled pre-trial conference (Rule 18,
trial brief at least three days before the pre Sec. 5) or for failure to submit plaintiff’s
trial date (Rule 18, Sec. 6) pre trial brief at least three days before the
pre trial date (Rule 18, Sec. 6)
Discovery or sanction for refusal to comply Discovery or sanction for refusal to comply
thereof (Rule 23-29) thereof (Rule 23-29)
Motion for Summary Judgment (Rule 35) Motion for Summary Judgment (Rule 35)
Motion for Judgment on the Pleadings
(Rule 34)
12. REMEDIES BEFORE TRIAL
Plaintiff Defendant
Taking of Deposition pending action (Rule Taking of Deposition pending action (Rule
23) 23)
Notice of voluntary dismissal of Notice of voluntary dismissal of
counterclaim or cross-claim before a counterclaim, cross-claim or third party
responsive pleading or motion for summary complaint before a responsive pleading or
judgment is served (Rule 17, Sec. 4) motion for summary judgment is served
(Rule 17, Sec. 4)
Motion to Dismiss Action or Claim for
failure of the plaintiff to appear during the
presentation of the plaintiff’s evidence-in-
chief (Rule 17, Sec. 3)
Motion to Dismiss the Action or Claim for
failure to prosecute for an unreasonable
length of time (Rule 17, Sec. 3)
13. TRIAL
1) Plaintiff’ evidence-in chief
2) Demurrer to Evidenc (Optional)
3) Defendant’s evidence-in-chief
14. REMEDIES AVAILABLE DURING TRIAL
Plaintiff Defendant
Motion for Substitution of Heirs (Rule 3, Motion for Substitution of Heirs (Rule 3,
Sec. 16 Sec. 16
Request for issuance of Subpoena to Request for issuance of Subpoena to
require the attendance of a witness to require the attendance of a witness to
testify and/or to bring documents or books, testify and/or to bring documents or books,
etc. (Rule 21) etc. (Rule 21)
Motion for Consolidation or Severance of Motion for Consolidation or Severance of
Cases (Rule 31) Cases (Rule 31)
Motion to conduct Trial by Commissioner Motion to conduct Trial by Commissioner
upon agreement by the parties (Rule 32, upon agreement by the parties (Rule 32,
Sec. 1) Sec. 1)
Motion to Dismiss Action or Claim for
failure of the plaintiff to appear during the
presentation of the plaintiff’s evidence-in-
chief (Rule 17, Sec. 3)
Motion for Demurrer to Evidence (Rule 33,
Sec. 1)
15. ADJUDICATION (JUDGMENTS AND FINAL ORDERS)
16. REMEDIES BEFORE FINALITY OF JUDGMENT
Plaintiff/Defendant
Motion for Reconsideration (Rule 37 and 52)
Motion for New Trial (Rule 37 and 53)
Appeal (Rules 40, 41, 42, 43 and 45)
Motion to Dismiss Appeal (Rule 50)
Motion to Re-open the Case (Equity)
Motion for Execution pending Appeal (Rule 39, Sec. 2)
Petition for Certiorari in case of denial of execution pending appeal (Rule 65, Sec. 1)
Posting of supersedeas bond in case of discretionary execution (Rule 39, Sec. 3)
17. REMEDIES AFTER FINALITY OF JUDGMENT
Plaintiff Defendant
Petition for Relief from Judgment, Orders Petition for Relief from Judgment, Orders
or other proceedings when prevented from or other proceedings due to FAME (Rule
taking an appeal thru FAME (Rule 38) 38)
Petition for Annulment of Judgment for Petition for Annulment of Judgment for
which the ordinary remedies of new trial, which the ordinary remedies of new trial,
appeal, petition for relief and other appeal, petition for relief and other
appropriate remedies are no longer appropriate remedies are no longer
available through no fault of petitioner available through no fault of petitioner
(Rule 47) (Rule 47)
Petition for Certiorari (Rule 65) Petition for Certiorari (Rule 65)
Collateral Attack Collateral Attack
Motion for issuance of Writ of Execution Motion for issuance of Writ of Execution
(Rule 39, Section 6) (Rule 39, Section 6)
18. REMEDIES DURING EXECUTION
Plaintiff/Defendant
Motion for issuance of Writ of Execution (Rule 39, Section 6)
Petition for mandamus in case of refusal to execute as a matter of right (Rule 65, Sec. 3)
Petition for Revival of Judgment (Rule 39, Sec. 6)
Motion for Execution pending Appeal (Rule 39, Sec. 2)
Petition for Certiorari in case of denial of execution pending appeal (Rule 65, Sec. 1)
Posting of supersedeas bond in case of discretionary execution (Rule 39, Sec. 3)
Motion to issue orders of restitution or reparation of damages in case of reversal of
executed judgment (Rule 39, Sec. 5)
Levy on execution or garnishment (Rule 39, Sec. 9)
Terceria or Third Party Claim (Rule 39, Sec. 16)
Redemption (Rule 39, Sec. 27)
Motion for issuance of writ of possession if no redemption (Rule 39, Sec. 33)
Motion for Examination under oath of the defendant when judgment unsatisfied (Rule
39, Sec. 36)
Motion for appointment of a receiver (Rule 39, Sec. 41)
Motion for clarificatory judgment
Motion for issuance of writ of demolition
Petition for certiorari and prohibition on the order of Execution (Rule 65, Sec. 1)
Injunction to restrain execution (Air Transportation Office [ATO] vs. CA, et al, G.R. No.
173616, June 25, 2014)

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CIVIL PROCEDURE

1. REMEDIES OR PROCEEDINGS BEFORE COMMENCEMENT OF CIVIL ACTION

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