A PERSPECTIVE
ON
SPECIAL
PROCEEDINGS
Judge Evelyn J. Gamotin-Nery
Nota Bene:
SP one of the branches of Remedial Law
 Next to Civil Procedure (Rules 1-71), it
has the most number of Rules (Rules 72109) or 38 Rules
 Of the 38 rules, 18 pertains to settlement
of estate of deceased persons.
 Of the 13 Special Proceedings , only 8 are
still relevant

RELEVANT RULES :
Settlement of Estate
 Escheat
 Guardianship
 Adoption
 Habeas Corpus
 Change of Name
 Dec;aration of absence and
 Cancellation of entries in the Civil
Registry

INOPERATIVE RULES:
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Rule on Voluntary Dissolution of Corporations –
(covered by the salient provisions of Corporation Code)
Rule on Constitution of Family Home
(covered by the Family Code)
Rule 101 on Hospitalization of Insane Persons)
Rules 99-100 on Adoption and Rescission of Adoption
(superseded by the Rule on Adoption)
Rules 92-97 on Guardianship - modified as they now
apply only to incompetents who are not minors because of
the Rule on Guardianship of Minors
Rule 108 on Correction of entries now limited substantial
corrections on account of RA 9048
Additional Special Proceedings:
SPECIAL WRITS:
Rules on Writs of Amparo
Rules on Writ of Habeas Data
Rules on Writ of Kalikasan
ADDITIONAL SPECIAL PROCEEDINGS:
Rules on Declaration of Nullity of Marriages and
Annulment of Voidable Marriages (A.M. 02-11-10SC effective March 4, 2003 and Legal Separation
(A.M. 02-11-11-SC effective 3-4-2003)
 Special Rules of Court on Alternative Dispute
Resolution (A.M. No. 07-11-08-SC) effective October
30, 2009 - proceedings for recognition and
enforcement of arbitral Agreement or for setting
aside, correction or modifications thereof (Arbitration
(RA No. 876) and Alternative Dispute Resolution Act
0f 2004 (RA 9285)

MAJOR PARTS OF BOOK ON
SPECIAL PROCEEDINGS:
Part 1 – Rules 73-90:
Rules on Settlement of Estate
Part 2 – Rules 91-108:
Rules Other Special Proceedings
Rule 109:
Appeals in Special Proceedings
Part 3 – Rules on Declaration of Nullity of Void Marriages
Annulment of Void Marriages and Legal Separation
Provisional Orders
Part IV – Arbitration
Part V – Summary of the Venues of Special Proceedings