Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan CONSOLIDATED NOTESin SPECIAL PROCEEDINGS Notes by: Paul Lemuel E. Chavez SPECIAL PROCEEDINGS NOTES Preminary Considerations Special Proceedings - D efin ed b y R 1 S 4 as a rem ed y by wh ich a party se eks to establish a status, a right, or a particular fac t - 1970 Bar: Distinguish Special Proceedings from Criminal Procedure and Ordinary Civil Action Special Proceedings Criminal Procedure Ordinary Civil Action A remedy by which a party seeks to establish a status, a right, or a particular fact The State prosecutes a person for an act or omission punishable by law A proceeding wherein a person is prosecuted by the State for acts or omissions committed in violation of penal laws, and to impose the corresponding penalty provided for by penal laws A party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong Governed by special rules, and in the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, Governed by the Revised Rules of Criminal Procedure Governed by the rules for ordinary civil actions apply suppletory May involve only one party Involves the State against the accusedInvolves 2 or more parties Initiated by petition Initiated by complaint (but filed in court by Information) Initiated by complaint Except Habeas Corpus, NOT based on a cause of action Based on an act or omission punishable by law Based on a cause of action Sources of Special Proceedings: - R72-109 - 1 9 8 7 C ons ti tu ti on - R A7 16 0 K atarung an g Pa m ba rang ayLa w - B P 1 29 or th e Jud icia ry R eo rg a niz a tion A ct of 1980 - R A 7 6 91 or A n A c t E x pa nd ing the Ju ri s d ic ti on o f th e MT C ( p a rt ic u la rl y t h o se with respect to gross estate of the deceased) - A8 S 5 P5, 1985 C on s titu tio n - Ad m inis trative C ircularsiss ue d by SC o AM 3-2-5- G ua rdian sh ip of Minors o AM 3-4-4 - C us tody of Minors/HC o AM 8-1-16 - Ha bea s Da ta o AM 7-9 -12 - Am pa ro - R A 90 48 or C orre ction of E ntrie s in th e C ivil Registry - R A 80 4 2 - Ju r i s p r u d en c e - R A 9262 CONSTITUTIONA L PROVISIONS RELATING TO SPECIAL PROCEEDINGS A3 S1
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8/18/2019 Consolidated Spec Proceedings Notes Final