ArticuLaw Primo

Rule 109

Appeals in Special Proceedings

 

Prepared by: Rushid Jay S. Sancon

 

 

Question: Who may appeal from an order in special proceedings?

 

žANSWER

 

    Only an interested person may be allowed to appeal.

 

    A stranger having neither material nor direct interest has no right to appeal from any order issued herein. (Espinosa v. Barrrios, 242 SCRA 492)

 

 

Question: What is the mode of appeal required in special proceedings?

 

žANSWER

 

     In appeals in special proceedings in accordance with Rule 109, the period of appeals shall be thirty (30) days, a record on appeal being required.

 

 

NOTE: Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days.

 

      Court loses jurisdiction only over subject matter upon approval of records on appeal filed in due time and expiration of the time to appeal of other parties.

 

 

Question: What Judgment or orders are appealable?

 

žANSWER

 

a. Allows or disallows a will;

 

b. determines who are the lawful heirs of a deceased person, or the distributive share of the estate to which such person is entitled;

 

c. allows or disallows, in whole or in part, any claim against the estate of a deceased person, or any claim presented on behalf of the estate in offset to a claim against it;

 

d. settles the account of an executor, administrator, trustee or guardian;

 

e. Constitutes, in proceedings relating to the settlement of the estate of a deceased person, or administration of a trustee or guardian, a final determination in lower court of the rights of the party appealing, except that no appeal shall be allowed from the appointment of a special administrator;

 

f. is the final order or judgment rendered in the case, and affects the substantial rights of the person appealing, unless it be an order granting or denying a motion for a new trial or for reconsideration.

(See Section 1, Rule 109 of the Rules of Court)

 

žAs per Supreme Court Jurisprudence

 

a. Order Appointing Administrator (Intestate Estate of Luis Morales v. Sicat, L-5236, may 25, 1953)

 

b. Appeal by heir from Money Claim (Fluemer v. Hix, 54 Phil. 610)

 

c. Order annulling appointment of guardian (Alemany v. Sweeney, 2 Phil. 654)

 

d. Ruling on Declaration of Heirs (Testate of Biasacan v. Biasacan, 347 SCRA 621)

 

e. Relating to inventories, claims against the estate, and sale of the property of a decedent are appealable (Tinagan v. Rovira, L- 23555, January 1968)

 

 

Orders that are not appealable

 

- žOrder directing administrator to take action to recover amount due to the estate (Frankle v. Webber, 57     Phil. 768);

ž

- žOrder made in administration proceedings relating to inclusion or exclusion of items of property in he       inventory of executor or administrator (Gregoire v. Baker, 51 Phil. 76)

ž

ž- Order appointing Special Administrator (De Borja v. Tan, L-6476, Nov. 18, 1955)

 

 

Question: May the court advance the distribution in special proceedings?

 

žANSWER

 

   Yes, notwithstanding a pending controversy or appeal, the court in its discretion, permit such part of the estate not affected by the controversy or appeal be distributed among the heirs, upon compliance with the conditions set forth in Rule 90 of the Rules of Court.

 

 

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See Espinosa v. de Aquino, 103 Phil 195