THE subject “Special Proceedings” is a branch of Remedial Law. It is
governed by Rules 72 to 109 of the Revised Rules of Court.
What is a special proceeding? It is a remedy by which a party seeks to
establish a status, a right, or a particular fact. (Sec. 3, Rule 1, Revised Rules of
Court)
The remedy is granted generally upon an application or motion. (Hagans
vs. Wislizenus, G.R. No. 16680, September 13, 1920)
The special proceedings mentioned in Sec. 1, Rule 72 of the Rules of
Court are: (1) Settlement of estate of deceased persons; (2) Escheat; 3)
Guardianship and custody of children; (4) Trustees; (5) Adoption; (6) Rescission
and revocation of adoption; (7) Hospitalization of insane persons; (8) Habeas
corpus; (9) Change of name; (10) Voluntary dissolution of corporations; (11)
Judicial approval of voluntary recognition of minor natural children; (12)
Constitution of family home; (13) Declaration of absence and death; and (14)
Cancellation or correction of entries in the civil registry.
Ordinary Action vs. Special Proceeding
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
for a declaration of a status, right or fact. (Treyes vs. Larlar, G.R. No. 232579,
September 08, 2020)
As a rule, the declaration of heirship must be made in a special
proceeding, and not in an independent civil action. (Vide: Treyes v. Larlar, G.R.
No. 232579, September 08, 2020) Matters relating to the rights of filiation and
heirship must be ventilated in the proper probate court in a special proceeding
instituted precisely for the purpose of determining such rights. (Ibid.)
However, the need to institute a separate special proceeding for the
determination of heirship may be dispensed with for the sake of practicality—as
when the parties in the civil case had voluntarily submitted the issue to the trial
court and already presented their evidence regarding the issue of heirship, and
the RTC had consequently rendered judgment therein, or when a special
proceeding had been instituted but had been finally closed and terminated, and
hence, cannot be reopened. (Ibid.)
Not exclusive
The enumeration of special proceedings in Sec. 1, Rule 72 exclusive.
Some of the special proceedings provided under various laws include the
following: (1) Summary Proceedings under the Family Code; (2) Actions
mentioned in the Family Courts Act of 1997 (Rep. Act No. 8369); (3) Proceedings
under the Child and Youth Welfare Code (Pres. Decree No. 1083), the Child
Abuse Act (Rep. Act No. 7610) and the Child Employment Act (Rep. Act No.
7658); (4) Writ of Amparo; (5) Writ of Habeas Data; (6) Writ of Kalikasan.
As far as practicable, in the absence of special provisions, the rules
provided for in ordinary actions shall be applicable in special proceedings. (Sec.
2, Rule 72, Revised Rules of Court)
The word “practicable” is defined as: possible to practice or perform;
capable of being put into practice, done or accomplished. This means that in the
absence of special provisions, rules in ordinary actions may be applied in special
provisions as much as possible and were 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.
(Sheker vs. Estate of Alice O. Sheker, G.R. No. 157912, December 13, 2007)
