Practice question
Co-owners seek division of identified commonly owned land under Rule69, with no estate administration or guardianship question. Counsel calls it a special proceeding solely because it concerns property. Which is correct?
- Only probate rules can address property
- Every property case is a special proceeding
- Partition is necessarily criminal
- A land location removes all civil classification
- The stated partition action is a special civil action
Legal references
- Rules1 and62–70, special civil actions and specific procedural provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- 2019 amendments AM19-10-20-SC, retained special civil action provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.