PREPARATION OF SERVICE OF SUMMONS BY
COMPLAINT
a. No cause of action
b. Noncompliance with conditions
precedent
c. Prescribed
d. Not signed
e. Wrong jurisdiction (motu
proprio)
f. Wrong venue (upon motion)
g. Forum shopping (upon motion)
FILING OF COMPLAINT
Non-payment of docket fees
within the reasonable time but
before prescription
No jurisdiction
Dismissal by plaintiff
Before answer
After answer
Matter of right
Court’s discretion
Amendment by Plaintiff
Before responsive pleading is
served
After responsive pleading is
served
COC
Defendant’s procedural
options: (not required to
outright file an answer)
Answer
Complaint ambiguous
File motion for bill of particulars
Has ground
Motion to dismiss
Does not answer
Judgment by default
No ground for motion to
dismiss or that motion to
dismiss was denied
Complaint-in-intervention:
Stranger asserts claim against
one or all parties
ANSWER BY DEFENDANT
No answer made
Judgment by default
Admission of claim
Judgment based on pleadings
No denial. No triable issues
Issue does not cover material Defendant then:
fact
Presents own
Summary judgment
Demurrer to evidence
Counterclaim to plaintiff
Denied
Reply to plaintiff
Granted
Crossclaim to co-defendant
May still present own evidence
3rd party complaint to a
Denied on appeal
stranger
Waives right to present
Purpose: contribution;
evidence
indemnity; subrogation; other
relief JUDGMENT
Answer-in-intervention: POST-JUDGMENT
Stranger unites with the REMEDIES
defendant in resisting a claim Before judgment becomes final
by plaintiff and executory
After last pleading has been a. Motion for reconsideration
served and filed b. Motion for new trial
PRE-TRIAL (Mandatory) c. Appeal
Modes of discovery After judgment becomes final
and executory
Alternative modes of dispute
resolution a. Appeal for relief
b. Action to annul judgment
No settlement or compromise
c. Certiorari
TRIAL
EXECUTION
Present evidence by plaintiff.
Then rests