Rules: ordinary actions v. special proceedings
If special regulations are prescribed, they shall be applied. However, in the absence of special provisions, the rules prescribed in ordinary actions shall be applied in special procedures as far as feasible. (Sec. 2, Rule 72)
The Rules of Court does not contain all special proceedings in the world. Many of them are provided under special laws and special rules issued by the Supreme Court. Examples of these are the Writ of Kalikasan and a Petition for Declaration of Heirship.
The distinction between final orders and interlocutory orders in civil proceedings to determine applicability issues does not strictly apply to orders in special proceedings. Multiple appeals are permitted in special proceedings as a practical recognition of the possibility that material issues may be finally determined at various stages of the special proceedings. Section 1, Rule 109 of the Rules of Court enumerates the specific instances in which multiple appeals may be resorted to in special proceedings. (G.R. No. 156407. January 15, 2014)
After the plaintiff has completed the presentation of his evidence, the defendant without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and law the plaintiff has shown no right to relief (rule on demurrer to evidence). The application of the abovecited Rule in special proceedings, like the case at bar, is authorized by section 2 of Rule 72 which direct that in the "absence of special provisions, the rules provided for in ordinary civil actions shall be, as far as practicable, applicable in special proceedings." (G.R. No. 26751. January 31, 1969)
The Rules of Court does not contain all special proceedings in the world. Many of them are provided under special laws and special rules issued by the Supreme Court. Examples of these are the Writ of Kalikasan and a Petition for Declaration of Heirship.
The distinction between final orders and interlocutory orders in civil proceedings to determine applicability issues does not strictly apply to orders in special proceedings. Multiple appeals are permitted in special proceedings as a practical recognition of the possibility that material issues may be finally determined at various stages of the special proceedings. Section 1, Rule 109 of the Rules of Court enumerates the specific instances in which multiple appeals may be resorted to in special proceedings. (G.R. No. 156407. January 15, 2014)
After the plaintiff has completed the presentation of his evidence, the defendant without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and law the plaintiff has shown no right to relief (rule on demurrer to evidence). The application of the abovecited Rule in special proceedings, like the case at bar, is authorized by section 2 of Rule 72 which direct that in the "absence of special provisions, the rules provided for in ordinary civil actions shall be, as far as practicable, applicable in special proceedings." (G.R. No. 26751. January 31, 1969)
