Rule 109 “Appeals in Special Proceedings”

WHO MAY APPEAL

An Interested Person may appeal in special proceedings from an order or judgment rendered by the court. The interest of the person must be material and direct, not merely indirect or contingent. Unless the party has

continuation... such material and direct interest, he is precluded from appealing an order or judgment of the court.

Any person legally interested in any order, decree, or judgment of a portable court in the exercise of its jurisdiction in special proceedings in the settlement of the estates of deceased persons, etc., may appeal from such order,

continuation... decree, or judgment, when such order, decree, or judgment constitutes a final determination of the rights of the appellants, and the appeal shall affect every order, decree, or judgment appealed from, and not merely the interest which the

continuation... appellants may have therein.

BAR QUESTION (1988)

In the special Proceedings for the settlement of the intestate of the deceased Johnny, his widow by his second marriage, Carmelita, moved for her appointment as Administratix of the estate. This was opposed by Mande, the son of

continuation... Johnny by his first wife, who moved for his appointment instead. The court appointed Carmelita, the widow, as Administratix.

continuation... a)How may Manda contest y=the appointment of Carmelita? Instead of administratix, Carmelita was appointed Special Administratix b)Is the same remedy available to the oppositor, Manda? Why or why not?

continuation... c)If Johnny left a holographic will, how many may it be probated? Explain.

continuation... Suggested Answer: a)Manda may contest the appointment of Carmelita by filing an appeal, the appointment of an administrator being a final order.

continuation... b)When what is involved is the appointment of a special anministrator, the remedy of appeal is not available as the same is not allowed under Section 1 Rule 109 of the Rules of Court.

BAR QUESTION (2002)

A.May an order denying the probate of a will still be overtuned after the period to appeal therefrom has lapsed? Why?

continuation... Suggested Answer: It is respectfully submitted that an order denying the probate of a will may be overturned after the period to appeal therefrom has lapsed. The Rules Court provides to appeal therefrom such as petition for relief

continuation... and annulment of judgment within the period and grounds provided therein even after the period to appeal had already lapsed.

QUASHA ANCHETA PEÑA AND NOLASCO LAW OFFFICE V. G.R. NO , AUGUST 26, 2008