### Facts:
1. **Initial Petition:** On June 3, 1975, Rosalina J. Biascan filed a petition in the Court of First Instance (CFI), Manila Branch 4, for her appointment as administratrix of the intestate estate of Florencio Biascan and Timotea Zulueta. Rosalina was appointed as the regular administratrix on August 13, 1975.
2. **Challenge from Maria:** On October 10, 1975, Maria Manuel Vda. De Biascan, Florencio’s legal wife, appeared as an oppositor-movant in the proceeding and filed motions for intervention, to set aside Rosalina’s appointment, and for her own appointment as administratrix.
3. **Omnibus Order:** Judge Serafin Cuevas permitted Maria’s intervention and set a trial date for the motions on November 13, 1975.
4. **April 2, 1981 Order:** The CFI ruled that:
– Maria was Florencio’s lawful wife.
– Rosalina and her brother were acknowledged natural children and heirs of Florencio.
– Maria, Rosalina, and her brother were legal heirs entitled to participate in the settlement proceedings.
– The motion to set aside Rosalina’s appointment as administratrix was denied.
– Approval of inventory and appraisal by Rosalina was deferred.
5. **Motion for Reconsideration:** Maria filed for reconsideration on June 6, 1981, fifty-eight days after receiving the April 2, 1981 Order. Rosalina opposed this motion.
6. **Fire Incident and Reconstitution:** A fire on November 15, 1981 destroyed case records, prompting Rosalina to petition for reconstitution of records in 1985.
7. **Denial of Motion for Reconsideration:** On April 30, 1985, the RTC denied Maria’s reconsideration motion.
8. **Subsequent Events After Maria’s Death:** Maria passed away, and her estate was placed under settlement. Atty. Marcial F. Lopez was appointed interim special administrator and engaged a law firm on behalf of the estate.
9. **Late Notice of Appeal:** On August 21, 1996, Maria’s estate counsel became aware of the April 1985 order. They filed a Notice of Appeal on September 20, 1996, significantly past the allowed timeframe.
10. **RTC Order:** The RTC dismissed the appeal on October 22, 1996, for being filed out of time and reaffirmed in an order on February 12, 1997, after a motion for reconsideration.
11. **Court of Appeals:** The appeal to the Court of Appeals upheld the trial court’s orders on February 16, 1999, and denied reconsideration on May 18, 1999.
### Issues:
1. Whether the April 2, 1981 Order became final and executory because the motion for reconsideration was filed out of time.
2. Whether the Court of Appeals erred in affirming the trial court’s dismissal of the appeal for being filed after the reglementary period.
### Court’s Decision:
The Supreme Court ruled against Maria Manuel Vda. De Biascan’s estate, holding that:
1. **Finality of April 2, 1981 Order:** The April 2, 1981 Order became final and executory by operation of law as the motion for reconsideration was filed beyond the 30-day appeal period.
2. **Judicial Declaration of Finality Not Required:** The finality of a judgment or order is effective upon the lapse of the period to appeal without an appeal being perfected or without a timely motion for reconsideration or new trial. The trial court’s April 2, 1981 Order was final by operation of law before the motion for reconsideration was filed. The trial court need not explicitly declare the order final for it to be so.
3. **Late Notice of Appeal:** Even factoring in suspension arguments, the appeal notice filed on September 20, 1996 was clearly out of time.
The petition was dismissed for lack of merit, affirming the decisions and resolutions of the Court of Appeals.
### Doctrine:
– **Finality by Operation of Law:** Judgments or orders attaining finality by operation of law do not require judicial declaration. This finality is unaffected by later filed, untimely motions.
– **Interruption and Permitted Appeal Periods:** The 30-day appeal period for special proceedings can be interrupted by a timely filed motion for reconsideration or new trial, but untimely motions do not affect the finality of orders or judgments.
### Class Notes:
– **Key Elements for Special Proceedings Appeals:**
– **Finality of Judgments/Orders:** The period to appeal is typically 30 days, interrupted only by timely motions.
– **Timeliness Rule:** Judgments/orders not appealed within the period granted by law become final and executory by operation of law.
– **Doctrine Applicability:** The court’s dismissal emphasized finality principles and rejection of untimely motions affecting final judgments.
– **Statutory Provisions:**
– **Rule 109, Section 1 (Rules of Court):** Defines appealable orders/judgments in special proceedings.
– **Timeliness (Section 3, Rule 41 – Old Rules):** Period for appeal; suspension rules during motion consideration.
### Historical Background:
This case fits within a broader historical context of stringent adherence to procedural rules in Philippine judiciary systems, reflecting a period focused on formal legal processes and ensuring compliance with established laws such as those governing case appeals and special proceedings. The importance placed on prompt appeals and finality of judgments aligns with a judicial push for procedural efficiency and certainty in legal proceedings during that era.
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