[SpecCiv] Special Civil Actions Preliminary matters (Video12)

Summary

In this video, the speaker explains key legal concepts related to special civil actions and proceedings. The distinction between ordinary civil actions and special proceedings is clarified, emphasizing the importance of understanding legal terminology such as 'action,' 'proceeding,' 'plaintiff,' and 'petitioner.' The speaker discusses the elements of a cause of action, the sources of obligation, and the concept of jurisdiction in various legal cases. Special civil actions like interpleader, habeas corpus, and expropriation are highlighted, along with specific rules and procedures for each. The video aims to enhance legal comprehension, especially for law students preparing for the bar exam.

Takeaways

• 😀 The script explains the difference between an 'action' and a 'proceeding' in legal contexts.
• 😀 An ordinary civil action involves a cause of action, whereas a special proceeding seeks to establish a status, right, or fact without a cause of action.
• 😀 A civil action includes elements such as the right of the plaintiff, the obligation of the defendant, and injury or damage caused by the defendant.
• 😀 The concept of 'cause of action' is defined by three elements: right, obligation, and injury/damage, with the memory aid ROVID (right, obligation, violation, injury, damage).
• 😀 Special proceedings, like guardianship, are not based on a cause of action but seek to establish specific facts or statuses, such as the need for guardianship or the qualification of a guardian.
• 😀 In civil actions, the plaintiff is the person making the claim, while in special proceedings, the petitioner makes the request, and the other party is a respondent, not a defendant.
• 😀 Different legal procedures apply to ordinary civil actions and special proceedings, with separate rules for jurisdiction, party designations, and court procedures.
• 😀 Jurisdictional rules vary depending on the type of civil action. For example, forcible entry and unlawful detainer cases are always filed in lower courts, regardless of the value of the case.
• 😀 Special civil actions are governed by specific rules, such as Rule 63 for declaratory relief and similar remedies, Rule 64 for review of judgments, and Rule 65 for habeas corpus, prohibition, and mandamus.
• 😀 There are 10 different special civil actions listed in the rules, including interpleader, expropriation, foreclosure of mortgage, forcible entry, unlawful detainer, and contempt, each with distinct rules and procedures.

Q & A

What is the main difference between an action and a proceeding?

An action refers to a case with a cause of action, where the focus is on the enforcement or protection of rights, or the prevention or redress of a wrong. A proceeding, on the other hand, is a legal process aimed at establishing a status, right, or fact, without a cause of action.

What defines an ordinary civil action?

An ordinary civil action is defined as a case where a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. It involves a cause of action with three essential elements: right, obligation, and damage.

What are the three elements of a cause of action?

The three elements of a cause of action are: (1) the right of the plaintiff, (2) the obligation of the defendant, and (3) the injury or damage caused by the defendant’s violation of the plaintiff's right.

How can the elements of a cause of action be remembered?

The elements of a cause of action can be remembered using the acronym 'RAVID,' which stands for Right, Obligation, Violation, Injury, and Damage.

What is the difference between an ordinary civil action and a special proceeding?

An ordinary civil action involves a cause of action, where the plaintiff seeks to enforce or protect a right. A special proceeding, however, does not involve a cause of action; it focuses on establishing a status, right, or particular fact, such as guardianship.

What is a special proceeding, and can you provide an example?

A special proceeding is a legal process where a party seeks to establish a status, right, or particular fact. An example would be a guardianship proceeding, where the petitioner seeks to establish that a person should be under guardianship due to incompetency and that a suitable guardian should be appointed.

How are the parties in a special proceeding different from those in an ordinary civil action?

In a special proceeding, the person initiating the case is called the petitioner, not the plaintiff. The opposing party is called the respondent, not the defendant, as the case does not involve a cause of action but rather the establishment of a fact or status.

What is the significance of the sources of obligation in the context of special civil actions?

The sources of obligation—law, contracts, quasi-contracts, delicts, and quasi-delicts—are crucial for determining whether the defendant has an obligation in a case. This is particularly important when analyzing special civil actions involving obligations and rights.

What jurisdictional rules apply to special civil actions?

Special civil actions may have specific jurisdictional rules. For example, certain cases like forcible entry and unlawful detainer must be filed in municipal or metropolitan trial courts, regardless of the amount involved. Additionally, the jurisdiction may vary depending on the value of the real property in question.

Can you list some of the special civil actions covered by the Rules of Court?

Some of the special civil actions covered by the Rules of Court include: Interpleader (Rule 62), Declaratory Relief (Rule 63), Review of Judgments (Rule 64), Mandamus (Rule 65), Expropriation (Rule 67), Forcible Entry and Unlawful Detainer (Rule 70), and Contempt (Rule 71).