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

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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,

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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

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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

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Johnny by his first wife, who moved

for his appointment instead. The
court appointed Carmelita, the
widow, as Administratix.

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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?

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c) If Johnny left a holographic will,

how many may it be probated?
Explain.

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

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b) When what is involved is the

appointment
of
a
special
administrator, 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 over tuned after
the period to appeal therefrom
has lapsed? Why?

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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

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and annulment of judgment within

the period and grounds provided
therein even after the period to
appeal had already lapsed.

QUASHA ANCHETA PEA AND

NOLASCO LAW OFFFICE V. G.R.
NO. 174873, AUGUST 26, 2008