BROADWELL HAGANS vs. HON. ADOLPH WISLIZENUS42 Phil 880September 13, 1920FACTS:

This is a petition for the writ of certiorari with the only question of whether or not a judge of a Court of First Instance in a special proceeding appoint an assessor to fix the amount due to an administrator or executor for his services and expenses. The respondent judge argues that he is authorized by then Act 190, to appoint assessors in special proceedings. However, the petitioner argues in that respondent has no authority to appoint assessors in special proceedings.ISSUE:

Whether or not a judge can appoint assessors in the present action?

HELD:

No. The court differentiated between an action and a special proceeding. The cited Act 190 allows a judge to appoint assessors but only in actions, not in special proceedings like the present action.

An action means an ordinary suit in a court of justice, while a special proceeding is every other remedy furnished by law. An action is a formal demand of ones legal rights in a court of justice in a manner prescribed by the court or by the law. It is the method of applying legal remedies according to definite established rules.

A special proceeding is an application or proceeding to establish the status or right of a party, or a particular fact. Usually, no formal pleadings are required, unless the statute expressly so provides. The remedy in special proceedings is usually granted upon an application or motions. Examples of special proceedings are appointment of administrator, guardians, tutors; contest of wills; change names of persons; application for admission to the bar.