Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Classification of Actions
1. Ordinary and Special
MEANING OF ORDINARY CIVIL ACTIONS
An action is a formal demand of one’s legal rights in a court of justice in a manner prescribed by the court or by the law. It is governed by ordinary rules.
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. (Rule 1, Sec. 3[a][1])
A civil action may be either ordinary or special.
CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS
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.
Proceedings are to be regarded as civil when the purpose is primarily compensatory.
On the other hand, the purpose of a special proceeding is to establish a status, a right or a particular fact. (Rule 1, Sec. 3[c])
Mandamus and Injunction Distinguished
| MANDAMUS | INJUNCTION |
| Special civil action. | Ordinary civil action. |
| Directed against a tribunal, corporation, board, or officer. | Directed against a litigant. |
| Purpose is for the tribunal, corporation, board, or officer to perform a ministerial and legal duty. | Purpose is to either compel the defendant to refrain from performing an act or to perform any act - not necessarily a legal and ministerial duty. |
Authorities
- Rule 1, Sec. 3
- Rules of Court, Rule 1, Sec. 3