notice of appeal was filed late.ISSUE: Whether a petition for liquidation under §29 of Rep. ActNo. 265, otherwise known as the Central Bank Act, is a specialproceeding or an ordinary civil action?RULING: Special proceedingRule 2 of the Rules of Court provide:§1. Action defined. — Action means an ordinary suit in a courtof justice, by which the party prosecutes another for theenforcement or protection of a right, or the prevention orredress of a wrong.§2. Special Proceeding Distinguished. — Every other remedy,including one to establish the status or right of a party or aparticular fact, shall be by special proceeding.Elucidating the crucial distinction between an ordinary actionand a special proceeding, Chief Justice Moran states:Action is the act by which one sues another in a court of justicefor the enforcement or protection of a right, or the prevention orredress of a wrong while special proceeding is the act by whichone seeks to establish the status or right of a party, or aparticular fact.Hence, action is distinguished from special proceeding in thatthe former is a formal demand of a right by one againstanother, while the latter is but a petition for a declaration of astatus, right or fact. Where a party litigant seeks to recoverproperty from another, his remedy is to file an action. Wherehis purpose is to seek the appointment of a guardian for aninsane, his remedy is a special proceeding to establish the factor status of insanity calling for an appointment of guardianship.Considering this distinction, a petition for liquidation of aninsolvent corporation should be classified a special proceedingand not an ordinary action. Such petition does not seek theenforcement or protection of a right nor the prevention orredress of a wrong against a party. It does not pray foraffirmative relief for injury arising from a party's wrongful act oromission nor state a cause of action that can be enforcedagainst any person.What it seeks is merely a declaration by the trial court of thecorporation's insolvency so that its creditors may be able to filetheir claims in the settlement of the corporation's debts andobligations. Put in another way, the petition only seeks adeclaration of the corporation's debts and obligations.***Civil procedure matters:Q1:Does liquidation proceeding resemble petitions forinterpleader? NO.A:An action for interpleader involves claims on a subjectmatter against a person who has no interest therein. This is notthe case in a liquidation proceeding where the Liquidator, asrepresentative of the corporation, takes charge of its assetsand liabilities for the benefit of the creditors. He is thus chargedwith insuring that the assets of the corporation are paid only torightful claimants and in the order of payment provided by law.