2. ANSWER
Only an interested person may be
allowed to appeal.
A stranger having neither material
nor direct interest has no right to appeal
from any order issued herein. (Espinosa v.
Barrrios, 242 SCRA 492)
3. ANSWER
In appeals in special proceedings in
accordance with Rule 109, the period of appeals
shall be thirty (30) days, a record on appeal being
required.
NOTE: Record on appeal required only for special
proceedings and where multiple appeals allowed
filed within 30 days.
Court loses jurisdiction only over subject
matter upon approval of records on appeal filed in
due time and expiration of the time to appeal of
other parties.
4. ANSWER
a. Allows or disallows a will;
b. determines who are the lawful heirs of
a deceased person, or the distributive share of
the estate to which such person is entitled;
c. allows or disallows, in whole or in part,
any claim against the estate of a deceased
person, or any claim presented on behalf of the
estate in offset to a claim against it;
d. settles the account of an executor,
administrator, trustee or guardian;
5. e. Constitutes, in proceedings relating to the
settlement of the estate of a deceased person, or
administration of a trustee or guardian, a final
determination in lower court of the rights of the party
appealing, except that no appeal shall be allowed from
the appointment of a special administrator;
f. is the final order or judgment rendered in the
case, and affects the substantial rights of the person
appealing, unless it be an order granting or denying a
motion for a new trial or for reconsideration.
(See Section 1, Rule 109 of the Rules of Court)
6. As per Supreme Court Jurisprudence
g. Order Appointing Administrator (Intestate
Estate of Luis Morales v. Sicat, L-5236, may 25, 1953)
h. Appeal by heir from Money Claim (Fluemer v.
Hix, 54 Phil. 610)
i. Order annulling appointment of guardian
(Alemany v. Sweeney, 2 Phil. 654)
j. Ruling on Declaration of Heirs (Testate of
Biasacan v. Biasacan, 347 SCRA 621)
k. Relating to inventories, claims against the
estate, and sale of the property of a decedent are
appealable (Tinagan v. Rovira, L- 23555, January 1968)
7. Order directing administrator to take action
to recover amount due to the estate (Frankle
v. Webber, 57 Phil. 768);
Order made in administration proceedings
relating to inclusion or exclusion of items of
property in he inventory of executor or
administrator (Gregoire v. Baker, 51 Phil. 76)
Order appointing Special Administrator (De
Borja v. Tan, L-6476, Nov. 18, 1955)
8. ANSWER
Yes, notwithstanding a pending
controversy or appeal, the court in its
discretion, permit such part of the estate not
affected by the controversy or appeal be
distributed among the heirs, upon compliance
with the conditions set forth in Rule 90 of the
Rules of Court.
9. FELIX, J.
Facts: Julia Espinosa instituted a special
proceeding for the declaration of her sister,
Inocencia Espinosa, incompetent and the
latter’s properties be put into the former’s
guardianship.
Julia alleged Inocencia Espinosa, who was 99 yrs.
old, and married to a 40 yr. old Vicente Figueroa,
was incompetent to manage her properties, and
the her marriage to Vicente was vitiated by
fraud or deceit.
Inocencia and Vicente countered the allegation
saying that Inocencia, though 99 yrs. of age, her
age did not affect her mental faculties and
judgment.
10. However, the court denied the petition of
Julia, and declared Inocencia to be
incompetent, naming Vicente as guardian
over her person and property.
Inocencia filed a motion for reconsideration
to the lower court. But the same was
denied. Subsequently, Inocencia filed an
appeal bond for the approval of her record
on appeal. But the same was denied on the
ground that appointment of guardian is an
interlocutory order
ISSUE: Whether or not the lower court for denying
her record on appeal
11. RULING:
No, a person declared by final judgment or order to be
incompetent has the right to appeal therefrom although
just like any other right, same may be waived, as when
such person consents thereto in writing. (Garcia vs.
Sweeney, 5 Phil., 344.)
The subsequent filing by Inocencia Espinosa of a notice of
appeal with prayer for that approval of appeal bond and
record on appeal unmistakably leads to the conclusion that
she does not share her husband's view of stand. We have to
recognize the fact that no one could not be more
interested in sustaining his competency to manage his
properties than that person himself, and as the
manifestation of a husband cannot be given effect as to
wrest from the wife her right to appeal in the absence of
an express consent thereto in writing or evidence of her
aminability to an order declaring her an incompetent, We
see no reason why Inocencia Espinosa cannot be allowed to
perfect her appeal.
