Thursday, September 19, 2013

AN APPEAL MAY BE TAKEN FROM A JUDGMENT OR FINAL ORDER THAT COMPLETELY DISPOSES OF THE CASE, OR OF A PARTICULAR MATTER THEREIN WHEN DECLARED BY THESE RULES TO BE APPEALABLE.

     No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration;(b) An order denying a petition for relief or any similar motion seeking relief from judgment;(c) An interlocutory order;(d) An order disallowing or dismissing an appeal;(e) An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent;(f) An order of execution;(g) A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, crossclaims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and(h) An order dismissing an action without prejudice. In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65. (Section 1 of Rule 41) (MARMO vs. ANACAY, G.R. No. 182585, Nov. 27, 2009, Second Division, Brion, J.).

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