Documentos de Académico
Documentos de Profesional
Documentos de Cultura
REPLY (OPTIONAL)
EXECUTION
Rule 39
no appeal has
been perfected
3. APPEAL
APPEAL
Statutory Right
Modes:
1. Ordinary Appeal (Rule 40-41)
Notice of Appeal - 15 days
Record on Appeal- 30 days
JUDGMENTS
TRIAL
MODES OF DISCOVERY
1. Depositions Pending Action
2. Depositions Before Action/ Pending Appeal
3. Interrogatories to Parties
4. Admissions by Adverse Party
5. Production/ Inspection of Documents and Things
6. Physical and Mental Examination of Persons
PRE-TRIAL
Rule 18 Sec 2
Amicable Settlement
Simplication of issues,
Marking of Evidence,
Limiting Witnesse/Facts etc
Accelerated Judgments
DIFFERENT ENTITIES
Domestic Private Juridical Persons (Rule 14 , Sec 11)
President, Managing Partner, GM , Corp. Sec,
Treasurer, In house counsel
Foreign Private Juridical Entity (Rule 14, Sec 12)
Resident Agent, Government Regulator,
Any agent within the country
Public Corporation (Rule 14, Sec 13)
Executive Head, Sol Gen (Defendant is RP)
Minor (Rule 14, Sec 10)
Minor and Legal Guardian and/or Parents
Incompetent
Incompetent and Legal Guardian
Entity without Juridical Personality
All Defendants being sued under common name
or person in charge of office
WITHOUT
Plaintiff may move to declare
defendant in default
Court may render judgment by
default on the basis of allegations
of complaint unless more evidence
is required
Answer
*Judgment by Default
on the merits; no answer file
3. Summary Judgments
No genuine issue except as to amount of
damages
Based on pleadings,admissions, affidavits
interlocutory/on the merits
ACCELERATED JUDGMENTS
1. Demurrer to Evidence
Granted: Adjudication on the merits
Denied: Defendant may present evidence
*if granted, plaintiff appealed, order reversed,
defendant deemed to have waived right to
present evidence, if order is sustained,
plaintiff can go to court an assign it as
error
Complaint
Rule 6, Section 3
Ultimate Facts, Cause of Action
DISMISSAL OF ACTIONS
Rule 17
BY PLAINTIFF
1. Upon Notice (anytime before answer/motion for SJ
; dismissal is without prejudice)
2. Upon Motion (with leave of court)
3. Due to the fault of Plaintiff - P fails to appear during
presentation of evidence - with prejudice)
COUNTERCLAIM
Voluntary dismissal by claimant
MOTION TO DISMISS
Rule 16
1. Lack of jurisdiction over defendant
2. Lack of jurisdiction over subject matter
3. Improper venue
4. Lack of capacity to sue
5. Litis pendentia
6. Res judicata (with prejudice)
7. Prescription
8. Failure to state cause of action
9. Extinguished claim (with prejudice)
10. Unenforceable claim under the Statute of Frauds
(with prejudice)
11. Non compliance with a condition precedent for filing
claim