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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)

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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

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----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

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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)

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--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

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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------------------------------------------------

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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)

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----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

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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