6 differences: ordinary action, special proceeding

Rules between ordinary actions and special proceedings are, generally, different from each other. Below are the differences.

As to ORDINARY ACTIONS, the purpose is to protect or enforce a right or prevent or redress a wrong. Generally, ordinary actions are adversarial in nature and they involve two or more parties. They are governed by ordinary rules under the Rules of Court and supplemented by special rules in case of deficiency. Courts of general jurisdiction may take cognizance of ordinary actions which are initiated by pleadings and parties respond through an answer. Laws and rules on pleadings applicable (for examples, the filing of an answer, counterclaim, cross-claim, third- party complaint, etc.).

As to SPECIAL PROCEEDINGS, the purpose is to establish a right, status, or particular fact. They are not adversarial and may involve only one party. Special proceedings are governed by special rules and supplemented by ordinary rules in case of deficiency. Courts of limited jurisdiction may hear and decide cases initiated by petitions and parties respond through an opposition (not an answer). Laws and rules on pleadings are generally not applicable.

Popular Posts