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CHAPTER I

INTRODUCTION

Civil Action and Special Proceedings Distinguished

The 1997 Rules of Court defines a ciuil oetion as one-aby which
a party sues another foi the enforcement or protectton. of right or
tf,e prevention or refuess of a wrong.' This follows the definition
of an action in the Old Rules of Court.z It is a "formal demand of
one's legal rights in a court of justice in the manner prescribed by
the court or by the law. It is the method of applying legal remedies
aecording to definite established rules."3 A special proceeding,
on the other hand, pertains to a remedy by which a party seeks to
establish a status, a right, or a particular fact.a It is not accurate tog
characterize a special proceeding as a mere form ofor subspecies of -
an action, since an action is an ordinary suit in the courts ofjustice,
while special proceedings refer to every other remedy furnished by
law.
Explaining the crucial distinction between an ordinary action
and a special proceeding, Chief Justice Moran stated:,

'Action is the act by which one sues another in a court

of justice for the enforcement or protection of a right, or the
prevention or redress of a wrong while special proceeding is
the act by which one seeks to establish the status or right of a
party, or a particular fact. Hence, action is distinguished from
special proceeding in that the former is a formal demand of a
right by one against another, while the latter is but a petition

lRuie 1, Sec. 3(a).

2O1d Rules of Court, RuIe 2, Sec. 1.
sNatcher us. Caurt of Appeals, G.R. No' 133000, October 2, 2O0l; Hagar's
t's. Wislizenus, G.R. No" 16680, September 13, 1920, 42 Pffil. 880 (citing People us'
County Judge,13 How. Pr. [N. Y.], 398.).
aRule 1, Sec. 3(c).
51 Moran, Comm'ents on the Rules of Court, 1979 Ed', pp. 119'120.
7
I
i

SPECIAL PROCEEDINGS
Essentials for Bench and Bar

for a declaration of a status, right or fact. Where a party litigant ^---- D,^
seeks to recover property from another, his remedy is to file
an action. Where his purpose is to seek the appointment of a
guardian for an insane, his rr:medy is a special proceeding to
establish the fact or status of insanity calling for an appointment
of guardianship."

An action, furthermore, must necessarily involve at least

two pa"rties, a plaintiff who initiates a case with the filing of the S

complaint. and a defendant who responds through an answer. The -rireRul

frr
very definition of a civil action contemplates at least two parties in
the phrase "a party sves another", who is a definite adverse party.6 ti
The issues or disputes alleged in the pleadings are generally heard
by a court of general jurisdiction, which must rule on the respective rl
rights and obligations of the parties../An action is adversarial in It
nature because it is always based on a cause of action, except for
certain special civil ar:tions, which are not based on a cause of action. I

iConverselj', speciai proceedings usually involve just one party, whc l

usuaily initiates the proceedings with a petition. an application, or

a special form of a pleading. Oppositors may join the proceedings by I

responding through their oppositions. The issues that may be ruled I

upon by the court are dictated by the law, because it exercises limited
jurisdiction in a special proceeding. As a general rule, it is non- I

adversarial in nature when initiated, but it may become adversarial il

in the course of the proceedings when there are oppositors. Moreover,

l.
special proceedings are not usually based on a cause of action, with
certain exceptions such as inhabeas corpus. In a special proceeding, I

the remedy is generally granted upon application or motion, and tion (

formal pleadings are not usually required, unless the statute (
expressly provides so.
(

Nature of Special Proceedings (

Generally, special proceedings are non-adversarial in nature, the c

because there is no definite adverse pariy in such proceedings.T For
this reason, it is entitled, f..-rn example, as "In the Matter of the In- Ru-;
testate Estate of ..." or "trn Re; Petition for Appointment otGuardian mal- be cc:
Ad Litem of the Minors. ..." It may remain_nGn-adversarial until the seeks the t
case is concluded,Rr it may also happen that it is transformed into
such ma,,- :

an adversarial pi6c{5ding, such as when there are oppositors to the

includei r:
petition.
liqurdatlc,r
as a speclz
5Montafi,er us. Sh.ari'a District
Court, G.R. No. 1?4g75, January 20,2AOg
the estate
1
Idi hquidatio:

[\
r
CHAPTER I INTRODUCTION
Rule 72
-
Subject Matter anil Applicability of General Rules
-
nt
Lle
General Provision
a
lo RVLE72
1t
SUBJEGT MATTER AND APPLICABILITY
OF GENERAL RULES
least
cf the SEC. 1. Su\jee* tnatter of special proeeed.ings.
r. The Bules of special proceedings are provided for in
:ies in -the following cases:
ialty.6 g
(a) Settleiient of estate of deceased persons;
heard
3ctive
:r.
(b) Escheat; t
ral ln
rt for
(c) Guardianship and custody of children; a
:tion. (d) Trustees; -r
rvho
l-1. or
(e) Adoption; A
ts by (f) Recission and revocation of adoption; tr
'uled
rlted
(g) Hospitalization of insane persons; r-[
non- (h) Habeas corpu,s; fl
uial (i) Change of name; C
6) Voluntary dissolution of corporations; v
t;n o
(k) Judicial approval of voluntary recogni- J
and
ute
(l) Constitution of family home; C
(m) Declaration of absence and death; D
(n) Cancellation or correction of entries in C
the civil registry.
:or
ln-
Rule 72, Section t isdotmeant to be an exclusive list of what
an
may be considered as special proceedings. As long as the remedy
he
seeks the establishment of a right, status, or a particular fact, then
rto
i1. such may be called a special proceeding, regardless of whether it is n
included in the foregoing enumeration. For instance, a petition for
liquidation of an insolvent corporation, such as a bank, was classified
as a special proceeding resembling a petition for the settlement of
the estate of a deceased person. The issue whether such petition for
liquidation is an ordinary civil action or a special proeeeding was
 4 SPECIALPROCEEDINGS
Essentials for Bench and Bar
Rule 72

resolved in Pacific Banking corporation.

Court of Appealss inthis wise: -
Emproyees organization us.
tl (3) PDocr
chiL
- 'A petition for liquidation of an insolvent corporation
should be classified as a special proceeding ana
l.
not

*,tl
action. such petition does not seek the enfo"rcement "" "rJi"rry
or protection
frf{rm ht/u of a right_nor the prevention or redress of a wrong ii.
against a
,f acrron",,p":ty's
11o.T
,"uI for affirmative retief f". i"iry ;;i.i";
ijY^r11"."-l^ywrongful act or omission nor state a .rrru o]
rhat can be enforced against any person.
What it seeks
ru.

is merely a declaration bv th-e trid ;;-;;

the corporation,s
(4) Ilom
insolvency that its credilors *uv u".ut" to nt" tt ui" claims
so
the settlement of the corporation,s debts in . (5) InteI
and obligations.,,
(6) Corp
Likewise, a petition for annulment of marriage
is a specia I , )', " (T Liqu
proceeding since it seeks to establish
a status or right
';;^;+rrls &

particular fact.e In the- same vein, questions ll (8) Writ

as to who are the heirs \" rj
of the decedent, proof of firiation or ili"giti-ate
children -"i';il:
'J \ fi (9) Writ
determination of the estate of the decedent *
have to be decided in a t (10) Writ
probate court or in a special proceeding,
and cannot U"
in an ordinary action for recoiery of ow-nership "a:rJi.rt"a I (11) Arbi
and possession.lo
other special proceedings und.er various laws incrude: (12) R€co
(1) Summary proceedings under the Family
Code
12P.D. No.6
(2) Actions mentioned in the Family Courts Act
such as:
of lgg7,11 13R.A. No. 7t
tion Against Cl,"ild
June 17, 1992.
i. Declaration of absolute nullity of void marriages
and
laR.A. No.
annulment of voidable marriages Years of Age in P,tt
12, Article WII of .
ii. Legal separation 15R.A. No. 8
Adoption of Filtpir
iii. Provisional orders on support, custody of
minor
16R.A. No.8
children, and administration of common property tion of Filipino Ch
17R.A. No.
iv' violence against women and their children
and of Financially Dis
protection orders 2010.
1gPacific Bo
G.R. No. 10937. \l
1sA.M. No. (
8G.R.
No. 109373, March 20, 1995. 2oA.M. No. (

sRayray us. 21A.M. No. (

Chae Kyung Lee, G.R.No. L-1g126,
,oAgapoy October 26, 1966.
us. palang,C.n.
Uo. ,roeei,Jrfrls, 1992.
22R.A. No. 6
11R.A.
No. 8869, ,,An Act Establis,hi"i f"*ity Courts, Granting Agreements, To P
Exclusiue orisinar Jurisdiction oi, c{ii"":"d'Family Them Arbitration in Cit
cases, Amending Batas 23R.A. No, !
Pambansa Bilang r29, As Amend,ed, orn"rfi""
xi*,wn As Fam*y courts Act of .1980,
Appropriating Funds ,herefo, ona'fo, OtnnT p"rir*g,,October Resolution S1'sten
2g, 1997.
Dispute Resolutio

\.
 CHAPTER I INTRODUCTION
Rule 72 -
Subject Matter and Applicability of General Rules
-
(3) Proceedings under the Child and Youth Welfare Code,12
Child Abuse Act,13 and Child Employment Act,la such as:
i. Declaration of status as abandoned, dependent or
neglecteil children
0-
ii. Voluntary or involuntary commitment of children
iii. Suspension, termination or restoration of parental
authority
(4) Domestic adoptionls'
(5) Inter-country adoptionlG,
(6) Corporaterehabilitationl?

!I (7)

(9)
Liquidation'8
(B) Writ of Amparols
Writ of Habeas Data2a
(10) Writ of Kalih,asan2'
(11) Arbitration22
(12) Recognition and enforcement of an arbitral award2s

12P.D. No. 603, December 70,1974.

13R.A.
No. 7610,"An Act Prouiding For Stronger Deterrence and Special Protec-
tion Against Child Abuse, Exploitation and Discrimination, and For Other Purposes,"
June 17, 1992.
1aR.A. No. 7658, 'An Act Prohibiting the Employment of Children Below 15
Years of Age in Public and Priuate Undertakings, Amending For This Purpose Section
12, Article WII of R.A. No. 7610,"November 9, 1993.
rsR.A. No. 8552,"An Act Establishing the Rules and Policies on The Domestic
Adoption of Filipino Children And For Other Purposes," February 25, 1998.
16R.A. No. 8043,"An Act Establishing the Rules to Gouern Inter-Country Adop-
i tion of Filipino Children, and For Other Purposes," June 7, 1995.
17R.A. No. 10142, "An Act Prouiding For The Rehabilitation or Liquidation
of Financially Distressed Enterprises And Indiuiduols," lapsed into law on July 18,
2010.
l8Pacific Banhing Corporation Employees Organization us. Court of Appeals,
G.R. No. 10937, March 20, 1995, 242 SCRA 492.
leA.M. No. 07-9-12-SC, October 24,2007.
20A.M. No. 08-1-16-SC, February 2,2008.
21A.M. No. 09-6-6-8-SC, April 13, 2010.
22R.A. No. 876,"An Act to Authorize The Making of Arbitration and Subnrission
Agreements, To Prouide For the Appointment of Arbitrators and The Procedure For
Arbitration in Ciuil Controuersies, and For Other Purposes," June 19, 1953.
23R.A. No. 9285, "An Act To Institutionalize The Use of An Alternatiue Dispute
Resolution System in The Philipptnes and To Establish The Offi.ce For Alterruatiue
Dispute Resolution, and For Other Purposes," April 2,2004.
{

SPECIAL PROCEEDINGS
Essentials for Bench and Bar
Blrle:
SqC. 2. Applicability of rules of eiuil
In of speciat
aetions.
p"orri"iorr",-ih"
I Furthen
-provided
Jh-e pbsence ,..1*"
for in ordinary actions shall be, as far Supreme Cou:
practicable, applicable in speci"t as required in sp
p"o"""iiog".
Like civil actions, the rules on special proceedings
must be
^)' iL liberallv construed. in order to promote il
just, speedy, and inexp"rrri*-a-i"positioniheir ollective of securing a ll
J, is premisedon Section 2, which provides
of every proceeding.ra This
s
that the iri". ro, ordinary
actions sha,- be applicabre to sp""i"t
proceedings, save in cases
f
where special provisions exist and piovide 1)

the supreme court has held rhJa";;;J.r"",

otheq;le. As a resurt, i
procedure, particularty ,tirr" Rures of civil
on: (1)
applications, motions, and otirer papers,
**;;;il;'iri"*'r"u
service of
[L

ff
(2) omnif,us motion rule,
(3) subpoena, (4) computation
oiti-", trl'*otioo r* new trial, (6)
modes of disco_very, (6) trial before il,
commissioners, and (?) demurrer
to evidence2s also apply to speciar 1',
proceedings. rn fact, the procedure
of appeal in,snggial proceedings shourd f
appeal in civil actions, to wit:26
iotow the procedure of 1[

httrg|) tlo!,
,*1T..o::I,
provides that the rules on
Section 2, Rule 78, of
the Rules of Court
ordinary civil actions are applicable
- rrccdn
proceedinss *r,""" ihuy;," A6lttl, 1
T;x1Til" ";;i;.;ftiri
with, or
snecia,{:.:,Gffi ,:H}iJj;ff ::,lnl#;i,:J:i"#}i:a Udtt tt
the same in civil ."riorr" ." i" .fu.iut
Comments on the n"r"",ic-""it,
p"J";iG;.;16r, vto"urr,"
Vol. II, 19bz Ed., p. 826.)27 qv*
since a-special proceeding is not
whereby a party sueJ anoth""'ro*
a suit or ordinary action
the enforce*""t;i-;;,ff;;
the prevention.of a-wrong, trru ,lq.ri"ument
filed or maintained b"t*el, merrrr"". that no suit sha, be ywtufi6t
of the unress it
should appear that earnest "u-"iu**vhave
toward a compromise been n+,ftr
that the "ff;;l;
t'u'" r'lua,
illli;J[ "u*u ou-r[r;;;,r'to a speciar

2aRule
1, Sec. 6.
"Moru* us- court
z,Fernand,ez
of Appears,G.R. No. 2675r,
January 81, 1969, 26 scRA 768
us. Marauilla,G.R. No. ,,, ,ruo.
27Id-
28vda.
"_i;i;r.'M;;;n
de Manalo :.G,R \
us. Court of Appeals,G.R. No. l[gzl2,January
16, 2001. .-ii
 CHAPTERI-INTRODUCTION 7
Rule 72 Subject Matter and Applicability of General Rules
-
!
s. J Furthermore, in Sheker us. Estate of Alice O. Sheker,2s the
IS
Supreme Court ruled that a certification against forum shopping is
,-i
required in special proceedings, ule.:

"This means that in the absence of special provisions, rules

,ist be in ordinary actions may be applied in special proceedings as
ring a much as possible and where doing so would not pose an obstacle
'-- This to said proceedings. Nowhere in the Rules of Court does it
iinary categorically say that rules in ordinary actions are inapplicable
or merely suppletory to special proceedings. Provisions of the
CASES
Rules of Court requiring a certification of non-forum shopping
esult, for complaints and initiatory pleadings, a written explanation
'Civil
for non-persorial service and filing, and the payment of filing
ice of fees for money claims against an estate wouid not in any way
luie, obstruct probate proceedings, thus, they are applicable to special
,1. (6) proceedings such as the settlement of the estate of a deceased
JTICI person as in the present case."3o
iure
l'e of
otnnibu> m6i,6n Wr,e
ptocrdunl )ii'iu ptl- ru/c rcelouirq Ilgt t!"/^ ^ ^.,
- t^rl'm "plyatlinir)ndlr)tW
n\t qLWLr q'
il/dl,l dt N ffedi*E sh!)tt' t't-cfu de 01ll
q:rutl: lt ri qdttbte, avLl ,til objech'na
:ion
"nu* I irut,tded stL{t/ bedee ns-L t^/q;veJ

.or
sit
be
llewurra 6 ei de,tre ploylnlV
ren nuft'n t, olfimTg; )'YYilaj' 2 5
Wb:u,rg
:ial
u.dfiQ

2sG.R. No. 75791,2, December 73, 2007 .

30ld.