Introduction

Question 1

What is a special proceeding?

Answer 1

The term “special proceeding” may be defined as an application or proceeding to establish the status or right of a party, or a particular fact.

Question 2

ToF. A liquidation proceeding is a special proceeding.

Answer 2

True. the petition only seeks a declaration of creditors’ state of insolvency and the concomitant right of creditors and the order of payment of their claims in the disposition of the corporation assets.4

Question 3

Distinguish an ordinary civil action from a special proceeding.

Answer 3

1. Nature- adversarial/non-adversarial
2. Filing- demand/petition
3. Parties involved - 2 parties/one party
   4.

Question 4

ToF. An action for reconveyance and annulment of title with dam­ages is a civil action, whereas matters relating to settlement of the estate of a deceased person such as advancement of property made by the decedent, partake of the nature of a special proceeding

Answer 4

True

Question 5

ToF. Arbitration is a special civil action

Answer 5

Arbitration under a contract or submission shall be deemed a special proceeding

Question 6

Is earnest effort to compromise applicable in special proceedings?

Answer 6

NO. Since special proceeding is not a suit or ordinary
action whereby a party sues another for the
enforcement of a right or prevention of a wrong, the
requirement that no suit shall be filed between the same
members of the same family unless it should appear that
earnest efforts toward a compromise have been made,
but the same have failed, does not apply to a special
proceeding (Vda de Manalo vs. CA, GR No. 129242,
Janaury 16, 2001).

Question 7

Is certification against forum shopping required
in special proceedings?

Answer 7

YES. Special provisions under Part II of the Rules of Court govern special proceedings; but in the absence of special provisions, the rules provided for in Part I of the Rules governing ordinary civil actions mshall be applicable to special proceedings, as far as practicable. This
means that 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 which includes the requirement of certification of non-forum shopping for complaints and initiatory pleadings (Sheker vs. Estate
of Alice Sheker, GR No. 157912, December 13, 2007).