Civil action v. special proceeding


QUESTION: Distinguish civil actions from special proceedings.

ANSWER: A civil action is one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. A civil action seeks that a right be enforced or protection or a wrong prevented, undone or redressed. An example of this is a suit for the collection of sum of money in which which the wrong done may be non-payment.

On the other hand, a special proceeding is a remedy by which a party seeks to establish a status, a right or a particular fact. An example of this is a petition for change of name where a person's name is in issue. (Rule 1 of the Rules of Court)

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