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

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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

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. 174873, AUGUST 26, 2008