Appeal in special proceedings

Rule 109 governs appeals in special proceedings and enumerates the judgments and orders against which appeal may be taken. Section 1 of Rule 109 states that any INTERESTED PERSON may appeal from an order or judgment rendered by the RTC, where such order or judgment:

[1] Allows or disallows a WILL;
[2] Determines who are the lawful heirs of a deceased or the DISTRIBUTIVE SHARE of the estate to which he is entitled;
[3] Allows or disallows, in whole and any part, any CLAIM against the estate, or any CLAIM presented in behalf of the estate IN OFFSET to any claim against it
[4] Settles the ACCOUNT of an executor, administrator, trustee or guardian
[5] Constitutes, in proceedings relating to the SETTLEMENT of the estate of the deceased, or the ADMINISTRATION of a trustee or guardian, a FINAL DETERMINATION in the lower court of the rights of the party appealing. However, by way of exception, no appeal can be taken from appointment of special administrator.
[6] Is the FINAL ORDER or JUDGMENT rendered in the case, and affects the SUBSTANTIAL RIGHTS of the person appealing.

In certain kinds of special proceedings, such as settlement of estate, appeal may be taken at various stages of the proceedings.

What is the mode of appeal? Rules 40, 41, 42 and 45 apply in conformity with Rule 72, Sec. 2 (applicability of rules of civil actions). If it is an ordinary appeal under Rules 40 or 41, and the special proceedings are subject to multiple appeals, like settlement of estates, the appeal period is 30 days, a notice of appeal and record on appeal being required.

The rationale behind allowing more than one appeal in the same case is to enable the rest of the case to proceed in the event that a separate and distinct issue is resolved by the court and held to be final. In this multi-appeal mode, the probate court loses jurisdiction only over the subject matter of the appeal but retains jurisdiction over the special proceeding from which the appeal was taken for purposes of further remedies the parties may avail of.Where multi-appeals are allowed, we see no reason why a separate petition for certiorari cannot be allowed on an interlocutory aspect of the case that is separate and distinct as an issue from the aspect of the case that has been adjudged with finality by the lower court. (Briones vs. Henson-Cruz, G.R. No. 159130, August 22, 2008)

What is the rule on advance distribution? Notwithstanding a pending controversy or appeal in proceedings to settle the estate of a decedent, the court may, in its discretion and upon such terms as it may deem proper and just, permit that such part of the estate as may be affected by the controversy or appeal be distributed among the heirs or legatees, upon compliance with the conditions set forth in Rule 90.

Rule 90, Sec. 1: Distribution before payment of obligations is allowed provided distributees give BOND conditioned for payment thereof within such time as court directs.