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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 71. 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. Contents1. STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT OR ADR, INDICATING THE DESIRED TERMS---OFFER2. ADMITTED FACTS, STIPULATION OF FACTS;3. THE ISSUES TO BE TRIED4. DOCUMENTS AND/ OR EXHBITS TO BE PRESENTED, STATING THE PURPOSE THEREOF5.MANIFESTATION OF HAVING AVAILED OF OR INTENTION TO AVAIL DISCOVERY PROCEDURES OR REFERRAL TO COMMISSIONERS; AND6. THE NUMBER AND NAMES OF WITNESS AND SUBSTANCE OF THEIR TESTIMONIES (Sec 6, Rule 18)TRIAL BASICSI. 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 PlaintiffDirect --------------------CrossSec 4, Rule 132

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

Close

Formal Offer ----Sec 35, Rule 1322. Presentation of of Witness/es/ Evidence in Chief by the DefendantDirect --------------------CrossSec 4, Rule 132

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

CloseFormal Offer ----Sec 35, Rule 1323. Rebuttal of Evidence

Plaintiff ----------------DefendantAPPEAL- 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, ArgumentsIII. 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 filedANSWER --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 defenseMOTION TO AMENDMOTION (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)

PRETRIAL BRIEF PRETRIAL BRIEFFOR 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

----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 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)

--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

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

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)

----Appeallee to file an appelles brief 45 days from receipt of appellants brief (Sec 8, Rule 44)

EFFICIENT PAPER RULEA.M NO. 11-9-4-SC

MARGINS1.2 1.5 X 1.01.0PARAGRAPHS ---1 AND SPACE IN BETWEEN

FONT SIZE14

TYPE: ANY, PRESENTABLE

NUMBER OF COPIES

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