1. Cause of Action
1.1. A Cause of Action is an act or omission by which a party violates a right of another (Section 2, Rule 1)
1.2. Without a cause of action, a person cannot seek judicial relief for the violation of one's rights.
1.3. The elements of a cause of action are as follows:
1.3.1. An obligation for the defendant to respect the right
1.3.2. There is a right in favor of the plaintiff
1.3.3. An act or omission violating such right
2. Complaint
2.1. The pleading alleging the plaintiff's or claiming party's causes of action.
2.2. Kinds of complaints:
2.2.1. Counterclaim : any claim which a defending party may have against an opposing party
2.2.1.1. can be filed by including it in the answer; or by filing after the answer.
2.2.2. Third (Fourth, etc .) complaint: A claim that a defending party may, with leave of court, file against a person not a party to the action, for indemnification, contribution, subrogation, etc.
2.2.2.1. can be filed with leave of court
2.2.3. Cross- Claims: Any claim by one party against another party arising out of the transaction or occurrence that is the subject matter of the original action.
2.2.3.1. can be filed by including it in the answer; exception to this is the claim by amendment before judgment.
2.2.4. Complaint-in-intervention: A procedure where third persons, not originally parties to the action but has an interest in the subject matter, impleads themselves as parties to the action to interpose a claim.
2.2.4.1. can be filed when they have a legal interest in the subject matter of the action; or in the success of the parties; or in the interest against the parties; or when he is so placed so as to be adversely affected by the distribution of property in the custody of the court.
3. Summons
3.1. It shall not be confused with Subpoena, because a subpoena is usually sent or served during the proceedings compelling a party to submit other pieces of evidence that can establish a case.
3.2. Summons are issued to the party to compel them to appear before a court. usually sent to the party before they start with the proceedings.
4. Answer
4.1. This is filed by the respondent after they receive a copy of the complaint.
5. Reply
5.1. It can be file by the plaintiff , should he or she want to reply to the answer, provided that an actionable document is attached to the answer.
6. Post- Judgment Remedies
7. Pre-Trial
7.1. Before the trial proper, a pre trial is to be conducted for the narrowing down of issues, for an easier and more convenient proceeding.
7.1.1. Before a pre- trial can be conducted, the courts or judges have to submit the case for mediation.
7.1.2. Should the mediation fail, they shall submit it for judicial dispute resolution.
7.1.3. And if the case at hand can not be resolved, it shall push through with the pre trial conference.
8. Trial
8.1. Trial is the stage of a case when the parties are allowed to present their pieces of evidence to the court, and is deemed submitted for decision.
8.2. it shall not be confused with a hearing; since a hearing is referring more to the interlocutory motions, unlike the trial where presentation of evidence is done in court.
8.2.1. Schedule of Trial:
8.2.1.1. Parties have to observe the schedule of the trials as agreed upon and as stated in the pre-trial order.
8.2.1.2. Initial presentation of evidence by the plaintiff - shall be set not later than 30 days from the termination of the pre-trial conference.
8.2.1.3. The actual presentation of the evidence shall be done within 90 days which shall also include the judicial dispute resolution.
8.2.1.4. then the defendant can present his evidence - not later than 30 days after the courts ruling on the evidence of the plaintiff.
8.2.1.5. presentation of evidence of the third fourth party complaint - in no case shall it exceed 90 days
8.2.1.6. rebuttal evidence - not later than 30 days
8.2.1.7. presentation of evidence shall be done within 10 months including the thrid party complaint, etc.
8.2.1.8. Service of the decision and the copies of the decision - not exceeding 90 days.