RULE 72

SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES

Define Special Proceeding

It is an application to establish the status or right of a party or a particular fact or any remedy other than
an ordinary suit in a court of justice

Ex: petition for declaration of a nullity of marriage

Distinguish civil action from special proceeding

1. A special proceeding under the same rule provides that it is a remedy by which a party seeks to
establish a status, a right or a particular fact while a civil action is one by which a party sues another for
the enforcement or protection of a right, or the prevention or redress of a wrong

2. Unlike actions, a special proceeding is generally commenced by application, petition or special form of
pleading as may be provided for by the particular rule or law

3. In special proceedings, it does not pray for affirmative relied for injury arising from a party's wrongful
act or omission nor state a cause of action that can be enforced against any person

4. Unlike a civil action which has a definite adverse parties, a special proceeding has no definite adverse
party

A civil action, in which "a party sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong" necessarily has definite adverse parties, who are either the plaintiff or
defendant. On the other hand, a special proceeding, "by which a party seeks to establish a status, right
or a particular fact" has one definite party, who petitions or applies for a declaration of a status, right or
particular fact, but no definite adverse party.

Should the determination of the legal heirs of the deceased person be made in the special
proceedings?

Yes, jurisprudence dictates that the trial court cannot make a declaration of heirship in the civil action
for the reason that such a declaration can only be made in a special proceeding. The declaration of
heirship can be made only in a special proceeding inasmuch as the parties are seeking the establishment
of a status or right

XPN: 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 thereon, or when a special proceeding had been instituted
but had been finally closed and terminated, and hence, cannot be re-opened

Is liquidation proceeding an ordinary action or a special proceeding?

Special proceeding. A petition for liquidation does not seek the enforcement or protection of a right nor
the prevention or redress of a wrong against a party.

Is a proceeding before the Shari'a District court against a deceased person an ordinary civil action or a
special proceeding?

The complaint filed by the respondents before the Shari'a District Court for the settlement of the estate
is a special proceeding.

The proceedings before the court is for the issuance of letters of administration, settlement, and
distribution of the estate of the deceased, which is a special proceeding. In a petition for the issuance of
letters of administration, settlement, and distribution of estate, the applicants seek to establish the fact
of death of the decedent and later to be duly recognized as among the decedent's heirs, which would
allow them to exercise their right to participate in the settlement and liquidation of the estate of the
decedent.

As a special proceeding, the purpose of the settlement of the estate of the decedent is to determine all
the assets of the estate, pay its liabilities, and distribute the residue to those entitled to the same

Are the rules in civil actions applicable in special proceedings?

Yes, in the absence of special provisions, the rules provided for in ordinary actions shall be, as far as
practicable, applicable in special proceedings (Sec 2, Rule 72)

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 s the settlement of the estate of a deceased person

Notwithstanding Sec 2 Rule 72, intervention does not extend to creditors of a decedent whose credit is
based on a contingent claim.

Sec 1 Rule 19 requires that an intervenor has a legal interest in the matter in litigation, or in the success
of either of the parties, or an interest against both, or is so situated as to be adversely affected by a
distribution or other disposition of property in the custody of the court. Case has consistently held that
the legal interest required of an intervenor must be actual and material, direct and immediate, and not
simply contingent and expectant

Civil actions for tort survive the death of the decedent and may be commenced against the
administrator pursuant to Sec 1 Rule 87

Rules on Special Proceedings do not provide a creditor or any person interested in the estate the right to
participate in every aspect of the testate or intestate proceedings, but instead provides for specific
instances when such persons may accordingly act in those proceedings. While there is no general right
to intervene on the part of the creditors, they may be allowed to seek certain prayers or reliefs from the
intestate court not explicitly provided for under the Rules, if the prayer or relief sought is necessary to
protect their interest in the estate, and there is no other modality by which it can be protected