Distinctions between Civil Action v Criminal Action v Special

Proceeding

Civil Action Criminal Action Special Proceeding

as to definition
one by which a party one by which the a remedy by which a
sues another for the State prosecute a party seeks to
enforcement or person for an act or establish a status, a
protection of a right, omission punishable right or a particular
or for the prevention by law fact
or redress of a wrong
as to governing rules
civil action is governed criminal action is special proceeding is
by Rules 01 to 71 of governed by Rules governed by Rules 71
the Rules of Court 110 to 127 of the to 109 of the Rules of
Revised Rules of Court, and rules on
Criminal Procedure, ordinary civil action
and rules on ordinary only applies in
civil actions only suppletory character
applies in suppletory
character
as to basis
a civil action is based a criminal action is a special proceeding is
on a cause of action based on acts or based on particular
omission in violation fact, status, or a right
of penal laws sought to be
established
as to the nature of proceedings
the proceeding is the proceeding is as a rule, the
adversarial since it adversarial and proceeding is non-
involves two (2) prosecutorial in nature adversarial, except
contending parties when there is an
oppositor/respondent
as to the parties
parties in a civil action parties in a criminal party in special
are the plaintiff and action are the State proceeding is the
the defendant. in case and the accuse, and in petitioner, except
of special civil action case of preliminary when opposed, the
commenced by investigation, the oppositor or
petition, parties are complainant and the respondent.
the petitioner and the respondent.
respondent
cases
(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.