INTRODUCTION

By: GILBERT R. HUFANA

Professor, Law Special Proceedings
SPECIAL PROCEEDINGS
 an application or proceeding to establish the
status or right of a party, or a particular
fact
 generally commenced by application,
petition or special form of
pleading as
may be provided
for by the
particular rule or law
Ordinary Civil Action vs Special
Proceedings
ORDINARY CIVIL ACTION
a formal demand of a right by one a petition for a declaration of a
against another
Necessarily involves 2 parties –
plaintiff & defendant
adversarial
Based on a cause of action
-----------------------------------------------
-----
 Where a party litigant seeks to
recover property from another,
his remedy is to file an action.
SPECIAL PROCEEDINGS
status, right or fact
Usually involves just one party;
Oppositors may join thru
oppositions
Generally, non-adversarial, it may
become adversarial if there are
oppositions
Usually not based on a cause of
action
-----------------------------------------------
-----
Where his purpose is to seek the
appointment of a guardian for an
insane, his remedy is a special
proceeding - to establish the fact
or status of insanity calling for an
appointment of guardianship.
Rule 72 Subject Matter of Spec Pro
 Settlement of Estate of
Deceased Person
 Escheat
 Guardianship and
Custody of Children
 Trustees
 Adoption
 Rescission and
Revocation of Adoption
 Hospitalization of
Insane Persons
 Habeas Corpus
 Change of Name
 Voluntary Dissolution
of Corporations
 Judicial approval of
voluntary recognition
of minor children
 Constitution of Family
Home
 Declaration of absence
and death
 Cancellation or
correction of entries in
the civil registry
Rule 72 Subject Matter of Spec Pro
 Rule 72 Sec 1 is not an exclusive list of what
may considered as special proceedings.
 As long as the remedy seeks the
establishment of a right, status or a particular
fact, it may be called a special proceeding.
 Other special proceedings cases:
 Liquidation of an Insolvent Corporation
 Annulment of Marriage
 Summary proceedings under the family Code
 Corporate Rehabilitation
 Writs of Amparo, Habeas Data & Kalikasan
Applicability of Rules of Civil Action
in Special Proceedings
 Rules on Special Proceedings must be liberally
construed
 The provisions of the Rules of Civil Procedure
particularly on:
 Preparation, filing and service of applications, motions &
other papers
 Omnibus motion rule
 Subpoena
 Computation of time
 Motion for new trial
 Modes of discovery
 Trial before commissioners
 Demurrer to evidence
 Appeal