Monday, September 24, 2012

IN SPECIAL PROCEEDINGS, SUCH AS THE PROCEEDING FOR SETTLEMENT OF ESTATE, THE PERIOD OF APPEAL FROM ANY DECISION OR FINAL ORDER RENDERED THEREIN IS 30 DAYS, A NOTICE OF APPEAL AND A RECORD ON APPEAL BEING REQUIRED.


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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