Spec Pro Class 2020

SECTIONS 1-2

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• Unlike Civil action which a party sues another for enforcement or protection of a right, or prevention or redress of a wrong, Special Proceedings, on the other hand, is a remedy by which a party seeks to establish a status, right 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.

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• There is mostly a WIN-WIN situation or outcome in this proceedings as it is non-adversarial in nature where everyone is working together cooperatively to reach the best resolution. Though, in the course of the proceedings, there may be also oppositors.

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• Below are the Subject Matters of Special Proceedings as provided under the Rule 72 of the Rules of Court:

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Section 1. Subject matter of special proceedings. — Rules of special proceedings are provided for in the following cases:

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          (a) Settlement of estate of deceased persons;

          (b) Escheat;

          (c) Guardianship and custody of children;

          (d) Trustees;

          (e) Adoption;

          (f) Rescission and revocation of adoption;

          (g) Hospitalization of insane persons;

          (h) Habeas corpus;

          (i) Change of name;

          (j) Voluntary dissolution of corporations;

          (k) Judicial approval of voluntary recognition of minor natural children;

          (l) Constitution of family home;

          (m) Declaration of absence and death;

          (n) Cancellation of correction of entries in the civil registry.

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Note however that Special proceedings are not limited to the cases enumerated in Section 1 of this rule, but includes cases the purpose of which is to establish the status or right of a party or a particular fact (Herrera, 2005, p. 2).

Like Special proceedings under the Various Laws:

          1. Summary proceedings under the Family Code

          2. Actions mentioned in the Family Courts Act of 1997 (RA 8369)

                 - declaration of absolute nullity of void marriages and annulment                     of voidable marriages

                 - legal separation

                - provisional orders on support, custody of minor children and                         administration of common property

                 - violence against women and their children and protection orders

          3. Proceedings under:

                   Child & Youth Welfare Code (PD 1083)

                   Child Abuse Act (RA 7610)

                   Child Employment Act (RA 7658)

                  - declaration of status as abandoned, dependent or neglected

                    children

                  - voluntary or involuntary commitment of children

                  - suspension, termination or restoration of parental authority

          4. Domestic and Inter-country adoption

          5. Petition for corporate rehabilitation

          6. Petition for writ of amparo

          7. Petition for writ of habeas data

          8. Arbitration

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Section 2. Applicability of rules of civil actions. In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

 

• As settled in the jurisprudence, in the absence of special provisions, rules in ordinary actions may be applied in special proceedings as much as possible and where doing so would not pose an obstacle to said proceedings. Nowhere in the Rules of Court does it categorically say that rules in ordinary actions are inapplicable or merely suppletory to special proceedings. Provisions of the Rules of Court requiring a certification of non-forum shopping for complaints and initiatory pleadings, a written explanation for non-personal service and filing, and the payment of filing fees for money claims against an estate would not in any way obstruct probate proceedings, thus, they are applicable to special proceedings such as the settlement of the estate of a deceased person. (Sheker versus Estate of Alice Sheker, G.R. No. 157912 Dec 13, 2007)

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