LAW703M – Special Proceedings

Assignment for 26 January 2022

1. Overview of Special Proceedings

• Rule 1, Section 3, Rules of Court
• Rule 3, Section 3, Rules of Court
• Administrative Code of 1987, Book IV, Chapter 12, Section 35(1)
• Rule 72, Rules of Court
• Rule 1.2, Special Rules of Court on Alternative Dispute Resolution (A.M. No. 07-11-
08-SC)
• Rule 3, Section 1, Rules of Procedure on Corporate Rehabilitation (A.M. No. 00-8-10-
SC [2008]), cf. A. M. No. 00-8-10-SC (2001), “Clarification on the Legal Fees to be
Collected and the Applicable Period of Appeal in Cases Formerly Cognizable by the
Securities and Exchange Commission”
• Rule 3, Section 1(b), Rules on Liquidation of Closed Banks (A.M. No. 19-12-02-SC)
• OCA Circular No. 48-2020
• Fujiki v. Marinay, G.R. No. 196049, 26 June 2013

2. Difference between Special Proceedings and Civil Actions

• Treyes v. Larlar, G.R. No. 232579, 8 September 2020 (majority decision), available at
https://sc.judiciary.gov.ph/15192/
• Treyes v. Larlar, dissenting opinion of Justice Leonen, available at
https://sc.judiciary.gov.ph/15221/

3. Introduction to Protective Writs

• Rule 102, Rules of Court
• Rule on the Writ of Amparo (A.M. No. 07-9-12-SC as amended)
• Rule on the Writ of Habeas Data (AM No. 08-1-16-SC)