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Rule 109

“Appeals in Special
Proceedings”

WHO MAY APPEAL .

Unless the party has . not merely indirect or contingent.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.

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

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

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

.. appellants may have therein.continuation..

BAR QUESTION (1988) .

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

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

Manda? Why or why not? . 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.continuation.

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

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

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

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? .

.. 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.continuation. 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.

G. NO. 2008 .QUASHA ANCHETA PEÑA AND NOLASCO LAW OFFFICE V. AUGUST 26. 174873.R.