Section 2, Rule 41 of the Rules
of Civil Procedure provides:
Modes of appeal
(a)
Ordinary appeal. The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall be
taken by filing a notice of appeal with the court which rendered the judgment
or final order appealed from and serving a copy thereof upon the adverse
party. No record on appeal shall be required except in special proceedings
and other cases of multiple or separate appeals where the law or these Rules so
require. In such cases, the record on
appeal shall be filed and served in like manner.
The
appeal period may only be interrupted
by the filing of a motion for new trial or reconsideration. Once the
appeal period expires without an appeal being perfected, the decision or order
becomes final, thus:
In special proceedings,
such as the instant proceeding for settlement of estate, the period of appeal
from any decision or final order rendered therein is thirty (30) days, a notice of appeal and a record on appeal
being required. The appeal period may only be interrupted by the filing of
a motion for new trial or reconsideration.
Once the appeal period expires
without an appeal or a motion for reconsideration or new trial being perfected,
the decision or order becomes final.
(Testate Estate of
Maria Manuel Vda. de Biascan v. Biascan, 401 Phil. 49, 58 (2000). This
Court has invariably ruled that perfection of an appeal in the manner and
within the period laid down by law is not only mandatory but also
jurisdictional. (Rigor v. Court of
Appeals, G.R. No. 167400, 30 June 2006, 494 SCRA 375, 382.) (Rene B. Pascual vs. Jaime M. Robles, G.R. No.
182645, December 4, 2009, CHICO-NAZARIO, J.).
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